Narrative of Services in the Liberation of Chili, Peru and Brazil Volume II Part 9

(Signed) IMPERADOR P.

Countersigned by all the Ministers.

From the difference of expression used in this commission, as compared with the temporary commission given previous to my departure for Bahia, it is clear that my late services were fully recognised; and from the fact that the new commission was conferred after the war was ended by the annexation of Bahia, Maranham, Para, and all the intermediate provinces, it is equally clear that my rank and pay--as originally stipulated were conferred without limitation of time--a circ.u.mstance which will have to be borne to mind.

This being complied with, I requested an order for the speedy adjudication of the prize property surrendered at Maranham, the flags.h.i.+p's portion being Rs. 607.315 $000, or .121,463 sterling, in addition to the captures made by the squadron generally--no less than one hundred and twenty enemy's s.h.i.+ps, with Portuguese registers and crews, having been taken, the value, at a very moderate computation, amounting to upwards of 2,000,000 dollars. As officers and men were anxiously awaiting their prize money, it became my duty to the squadron to urge its stipulated distribution upon the consideration of the Government.

His Majesty directed this to be done, but the prize tribunal appointed--consisting of thirteen members, nine of whom were natives of Portugal--was directly interested in defeating the claims of the captors, being inimical to any confiscation of Portuguese vessels and property taken in the late campaign. Not venturing, as yet, openly to act in this spirit, they adopted the alternative of doing nothing towards adjudicating the prizes.

Finding this to be the case, and fearing that the Portuguese tendencies of the new administration might interfere with the repayment of the sums temporarily supplied to the Maranham Junta--I addressed the following letter to the new Minister of Marine, Francisco Villela Barbosa:--

(Secret.) Rio de Janeiro, November 18, 1823.

MOST EXCELLENT SIR,

In my letter, No. 38, I communicated to your predecessor my intention of aiding the Provisional Junta of Maranham, in the payment of the auxiliary troops of Ceara and Piahuy, who being in a naked and dest.i.tute condition had become clamorous for their arrears; and I now beg to state that in prosecution of such intention, I placed at the disposal of the Junta the monies taken in the Portuguese treasury, amounting in cash and good bills to Rs. 62,560 $243, together with outstanding debts amounting to Rs. 147,316 $656, and I have also left in their hands the balance which we found in the Portuguese custom-house, amounting to Rs. 54,167 $877. All these accounts I have the honour to convey to you for the information of the Imperial Government.

In addition to these large sums, I left at the disposal of the Junta much moveable property which belonged to Portuguese individuals in Europe, desiring the authorities to render an account of the same for the information of the Imperial Government.

Your Excellency will perceive that in leaving at Maranham these monies, and other property captured from the enemy, instead of bringing them to Rio for adjudication, we could be influenced by no other motive than zeal for the interests of His Imperial Majesty and the good of his people; as by so doing, we enabled the Provisional Government to meet the present exigencies of the moment, and to quiet the Ceara and Piahuy troops; whilst the revenue of the province thus remains clear and unantic.i.p.ated-- being applicable to such purposes as His Imperial Majesty shall command. All which I trust His Imperial Majesty will take into his gracious consideration, and be pleased to award such compensation to the officers and seamen as he, in his princely justice, shall deem fit.

(Signed) COCHRANE.

For some days no notice was taken of this letter, but on the 24th I received a visit from the Minister of Marine, bringing what professed to be a verbal message from His Majesty, that he "would do every thing in his power for me _personally_." The way in which this intimation was conveyed led me to infer that these personal favours implied a sacrifice on my part of the rights of the squadron, by shutting my eyes to the restoration of the captured Portuguese s.h.i.+ps and property to the friends and adherents of the ministry, for the purpose of conciliating the Portuguese party. Taking the message, however, literally--I told the Minister that His Majesty had "already conferred honours upon me quite equal to my merits--and that the greatest personal favour he could bestow, was, to urge on the speedy adjudication of the prizes, so that the officers and seamen might reap the reward decreed by the Emperor's own authority."

The policy of the Portuguese faction in power, was--now that the squadron had expelled the fleet and army of the mother country--to conciliate their countrymen who remained, and thus to create and maintain an influence which should reduce the Imperial authority to the smallest possible dimensions. The first object--if I could be brought to acquiesce--was to restore Portuguese property, captured by Imperial order, and now the right of the captors--my connivance being supposed to be procurable by offers of personal enrichment! I scarcely need say that the offer failed in its purpose.

As the squadron had received no pay during the performance of all its services, it became my duty to urge attention to the subject, and this was apparently complied with, the 27th of November being appointed for the payment of the men. On that day _three months' pay only_ was offered to them, notwithstanding all they had achieved. This paltry pittance was refused.

About this time the extraordinary news was received, that great rejoicings and a general illumination had taken place in Lisbon in consequence of the destruction of the Brazilian squadron by the Portuguese fleet at Bahia! this version having, no doubt, been transmitted home subsequently to the affair of the 4th of May.

Singularly enough, these ill-founded rejoicings were going on in Lisbon at the time the flags.h.i.+p was chasing the Portuguese fleet across the Equator! It is difficult to say how the Portuguese admiral contrived to reconcile this premature vaunt, and the unwelcome fact of his arrival in the Tagus, with the loss of half his troops and more than half his convoy.

On the 2nd of December despatches arrived from Captain Grenfell at Para, stating that he had possession of the new Portuguese frigate, which according to my directions, had been named the _Imperatrice_. He had also captured another vessel of war, and several merchantmen; thus fulfilling his difficult mission in a way which justified my confidence in his ability, and should have merited the warmest thanks from the government, instead of the treatment he subsequently experienced.

On the 19th of December, His Majesty appointed me a member of the Privy Council, the highest honour in his power to bestow. It was a singular circ.u.mstance that whilst His Imperial Majesty consulted me on matters of importance, and manifested his appreciation both of my opinions and services by the honours conferred--his anti-Brazilian ministers were practising every species of annoyance towards myself and the squadron--more especially in the matter of the prizes, the condemnation of which they obstinately opposed.

It would be wearisome to enter into details of the annoyance and injury now systematised by the Portuguese faction in the administration; nevertheless, in order to appreciate subsequent occurrences, it is necessary briefly to advert to these matters. The personal feeling against myself was easily accounted for from my adherence to the Emperor in opposition to interested councils, which imperilled the existence of the Empire. These councils His Majesty was unable to disregard or to counteract the injury inflicted on the officers and seamen, by the conduct of the Court of Admiralty towards the squadron; a policy persevered in with the object of annihilating the naval force, for no other reason than that its achievements had rendered itself obnoxious to the Portuguese faction--the leaders of which no doubt calculated, that if the officers and crews could be worried out of the service, the dismemberment of the Northern provinces might yet be effected by disunion.

On the 13th of December, I wrote to the Minister of Marine that, as the prize vessels were daily being plundered, an immediate investigation was necessary--they having, by order of the administration, been delivered over to the charge of the inspector of the a.r.s.enal, the naval officers in charge being withdrawn. One officer was put in prison for obeying my orders to remain on board his prize till I received an answer from the Minister of Marine. The s.h.i.+p he had in charge (_the Pombinho_) was immediately afterwards given up to a Portuguese claim ant, together with all its contents, promiscuously taken from the custom house at Maranham, none of which ever belonged to him.

A number of additional prizes had been sent in by Captain Taylor, of the _Nitherohy_, who had pursued the scattered s.h.i.+ps of the enemy to the Tagus, and there burned four vessels under the guns of the line-of-battle s.h.i.+p _Don John VI_. For this he was sentenced by the prize council to six months imprisonment, and to forfeit double the amount of his prize money, on behalf of the owners of the property destroyed; it being thus decided by the _quasi_ Portuguese prize tribunal that, to destroy enemy's property, in pursuance of His Majesty's orders, was a crime!

Captain Grenfell having arrived in the frigate _Imperatrice_--captured at Para--bringing with him some forty thousand dollars--the ransom for prizes there taken, as had been done at Maranham--the _Imperatrice_ was boarded in his absence, and the money carried to the treasury, though by His Majesty guaranteed to the captors. Captain Grenfell was afterwards charged with acting in opposition to the Junta at Para, though only carrying out my instructions. Upon this charge he was tried and acquitted.

In consequence of these and other arbitrary acts, I represented to His Majesty the necessity of forming some definite maritime code, which should put an end to proceedings so arbitrary, and proposed the adoption of the naval laws of England as the most experienced and complete. His Majesty approving the suggestion, directed me to transmit a memorial on the subject to the Privy Council, which was accordingly done.

By this, and similar suggestions to His Majesty, with view to render the navy more efficient, I was widening the breach between myself and the Portuguese party in the administration, whose object it was to frustrate any attempt of the kind. It was not long before an overt blow was struck at my authority as Commander-in-Chief by the preparation of the _Atalanta_ for sea without my intervention. Imagining that she might be on some secret service, I disregarded the circ.u.mstance, till, on the 27th of December, a notice appeared in the Gazette announcing her destination to be for the blockade of Monte Video, whilst I was mentioned in the Gazette, under the limited t.i.tle of "Commander of the naval forces in the port of Rio de Janeiro." Thus, by a stroke of the Minister's pen, was I, despite the patents of His Imperial Majesty, reduced to the rank of Port Admiral.

Convinced that this had been done without the sanction or even knowledge of the Emperor, I protested against the despatch of the _Atalanta_, except through my orders, as well as against the limitation indicated by my new t.i.tle--contrary to the agreement under which I entered the service, as twice confirmed by Imperial commissions--further informing the Minister of Marine that, although no one could be less ambitious of power than myself, I could not allow an agreement solemnly entered into to be thus violated.

The remonstrance as regarded the _Atalanta_ was effectual, and she was not despatched; but--as regarded the limitation of my rank--no notice was taken.

Intelligence now arrived from Pernambuco that a strong party was there endeavouring to establish a Republic, and that preparatory steps were being taken to throw off allegiance to the Empire.

The expedition sent by the ministry to put down this rising at Pernambuco was a premeditated insult to me, as not having been at all consulted in the matter; and the reason why an inexperienced officer had been sent, doubtless was, that the ministry did not wish the insurrection to be put down. In this respect the expedition fulfilled the wishes of those who despatched it, by having failed. On its return I personally received _His Majesty's orders_ that the _Pedro Primiero_, _Piranga_, _Nitherohy_, and _Atalanta_, should be immediately equipped for important service. It was easy thus to give orders to equip a squadron, but after the treatment received, not so easy to effect it.

All the foreign seamen had abandoned the s.h.i.+ps in disgust, and to have s.h.i.+pped Portuguese would have been worse than useless. I wrote to the Minister of Marine that the squadron could not be manned unless confidence was restored amongst the men, the shameful proceedings of the prize court having disinclined them to re-enter the service,--even if they did, I could not be responsible for order and discipline, or for the safety of the s.h.i.+ps, unless some definite adjustment as to pay and prize money took place before putting to sea.

In the face of these remonstrances the prize tribunal adopted an openly hostile course, by altogether denying the right of the squadron to the prizes taken at Maranham, or the property there seized in the custom house, and s.h.i.+pped by me on board the _Pombinho_ and another vessel. The _Pombinho_, as has been said, was declared an illegal prize, and given up to her Portuguese owner, together with all public property contained in her, though to this he had not the shadow of a claim, as the whole cargo belonged originally to others, and had been put on board this particular s.h.i.+p by my orders for transmission to Rio de Janeiro. Numbers of similar decisions were made, on the false plea that Maranham previously formed part of the Brazilian empire, and consequently that all the seizures effected were invalid!

I remonstrated that, on our arrival at Maranham, the city and province were, and ever had been, in possession of Portugal--that the Portuguese had by the ordinary capitulations of war delivered up both to an armed Brazilian force without question--and that, by a previous decree of the Emperor, no less than by the customary usages of war, all enemy's property fell to the captors. The prize court not only overruled the objection, but condemned me to make rest.i.tution of all sums received in ransom for property taken at Maranham. In one instance the tribunal declared me deserving of corporal punishment (_pena corporal!_) and would, had they dared, doubtless have enforced this, and the rest.i.tution to which I was condemned.

As the plunder of prize property was becoming notorious, the tribunal directed it to be unloaded, in order to prevent the cargoes from being _damaged!_ but, on the execution of the order it was found that all the valuable portion had already disappeared! How, of course could not be ascertained; but no one doubted. The s.h.i.+ps themselves were neglected till they became useless to the original owners, the Government, or the captors.

Thus, of this vast amount of property taken in the campaign, not a _milrea_ was suffered to find its way into the pockets of the officers and men, and the squadron would have been wholly defrauded of its reward, had I not refused to give up to the prize tribunal the comparatively trifling sums received in redemption of the seizures at Maranham; these being retained on board the flags.h.i.+p in consequence of the unjustifiable course which the tribunal was pursuing. A plot was, however, formed to seize it by force, but this was met by such measures as were calculated to prevent a renewal of the attempt.

The prize tribunal being thus determined to deprive the squadron of the whole of its emoluments, proceeded to condemn the s.h.i.+ps of war taken as being _droits_ to the crown, without compensation of any kind, notwithstanding that the before-mentioned Imperial decree of the 11th of December, 1822, awarded all prizes wholly to the captors. The tribunal then issued a decree, that vessels taken within a certain distance from the sh.o.r.e--where alone a blockade could be effective--were not lawful seizures; the effect being that, as the squadron was about to blockade Pernambuco it could have no opportunity of falling in with enemy's vessels at sea, and therefore _could not make captures at all!_ Thus enemy's s.h.i.+ps would be permitted to carry on their revolutionary occupations unmolested; which was, no doubt, the intention of those who framed the resolution, as wis.h.i.+ng to defeat the blockade for their own purposes.

CHAPTER VI.

REMONSTRANCE AGAINST DECREE OF PRIZE TRIBUNAL--SETTLEMENT OF PRIZE QUESTION BY THE EMPEROR--HIS MINISTERS REFUSE TO CONFORM TO IT--OBSTACLES THROWN IN THE WAY OF EQUIPMENT--MY SERVICES LIMITED TO THE DURATION OF WAR--MY REMONSTRANCE ON THIS BREACH OF FAITH--MINISTERS REFUSE TO PAY THE SQUADRON ANYTHING--A FRESH INSULT OFFERED TO ME--OFFER TO RESIGN THE COMMAND--MY RESIGNATION EVADED--LETTER TO THE PRIME MINISTER--LETTER TO THE MINISTER OF MARINE.

On the 1st of January, 1824, I communicated to the Minister of Marine the contents of a despatch received from Captain Haydon at Pernambuco, in which he apprised me of a plot on the part of the revolutionary Government to seize his person and take possession of the Imperial brig of war which he commanded; the latter intention having been openly advocated in the a.s.sembly.

On the 6th, I addressed to the Minister of Marine the following remonstrance against the before-mentioned regulation of the Admiralty Court, that vessels captured within a certain distance of the sh.o.r.e should not be prize to the captor; this regulation being evidently intended as retrospective, with a view of nullifying the captures which had already been made:--

As I have before endeavoured, by antic.i.p.ating evils, to prevent their occurrence, so in the present instance, I feel it my duty to His Imperial Majesty to place you, as Minister of Marine, on your guard against countenancing any such measure in regard either to the vessels captured in the blockade of Bahia, or to those taken in the colonial possessions, and under the forts and batteries of the enemy--and also in the case--if such there should be--of vessels captured on the sh.o.r.es of Portugal.

It is quite clear that these cases of capture are distinct from those in which protection is afforded by independent states to belligerents approaching within a certain distance of neutral sh.o.r.es.

But you must be perfectly aware that, if enemy's s.h.i.+ps are not to be prize--if captured navigating near the sh.o.r.e no blockade can be effective, as there will be no right to disturb them; besides which the ma.s.s of the people engaged in a naval service will certainly not encounter toil and hazard without remuneration of any kind beyond their ordinary pay.

Should such a decree be really in contemplation, there is nothing to hope from the naval service useful or creditable to the state; and this opinion is founded on more than thirty years' unremitting experience of seamen--that where there is no premium there is no permanent zeal or exertion.

(Signed) COCHRANE & MARANHA.

On the 10th of January, I communicated to the Government the contents of another despatch from Captain Haydon, at Pernambuco, reporting that the new Junta there had seized the Imperial s.h.i.+p of war, _Independencia ou morte_, and had removed the officer in command, at the same time threatening to treat Captain Haydon as a pirate.

The revolt was now becoming serious, and His Majesty--anxious to expedite the equipment of the squadron--on the 12th of February, 1824, sent for me to consult on the subject. Having told His Majesty the course which had been pursued by the prize tribunal, he said he would see justice done in spite of faction, and asked me to make a moderate valuation of the prize property taken in the late campaign, ascertaining, at the same time, if the seamen were willing to accept a specific sum in compensation of their claims? On asking His Majesty what a.s.surance could be given that the administration would carry out such an arrangement, he replied that he would give me his own a.s.surance, and ordering me to sit down beside him, wrote _with his own hand_ the following proposal--now in my possession:--

"_The Government is ready to pay to the squadron, the value of the prizes which have been, or may be judged bad, the value thereof being settled by arbitrators jointly chosen, and to pay the proprietors their losses and damages; that in the number of the said prizes, the frigate Imperatrice is not included, but the Government, as a remuneration for her capture, will immediately give from the public treasury the sum of 40,000 milreis to the captors; that the value of the prizes already declared bad, shall be immediately paid, this stipulation relating to all captures up to the present date, February 12th, and that henceforth captures shall be adjudged with more dispatch, the Government being about to decree a provisional arrangement, remedying all errors and omissions that may have occurred._"

Nothing can be more clear than the above stipulations in His Majesty's own handwriting, to pay the squadron immediately the value of their prizes despite the Court of Admiralty, to pay 40,000 milreis for the _Imperatrice_, and that even the value of the prizes _adjudged bad_ should be paid, His Majesty thus rightly estimating the conduct and motives of the Court of Admiralty. _Not one of these conditions was ever complied with!_

On the 1st of March, His Majesty, through his minister, Francisco Villela Barbosa, informed me that he had a.s.signed 40,000 milreis in recompense for the acquisition of the frigate _Imperatrice_; stating that, with regard to the other prizes made at Para, they must be sentenced by the tribunal, in order that their value might be paid by the public treasury--the said treasury taking upon itself to satisfy all costs and damages on captures judged illegal; but that with regard to my a.s.sertion, that there were amongst them no illegal prizes, the Government could not itself decide the question.

That His Majesty gave the order for payment of 40,000 milreis, as compensation for the _Imperatrice_, there is no doubt; _but not a s.h.i.+lling of the amount was ever paid by his ministers, nevertheless even within the past few months the present Brazilian Ministry has charged that sum against me, as having been received and not accounted for!_ It is quite possible, that, in ignorance of the practices common amongst their predecessors of 1824, the present ministers of Brazil may imagine that the orders of His Majesty were complied with; but if so, the 40,000 milreis never reached me or the squadron. Had it done so, nothing can be more easy than to find my receipt for the amount, which I defy them to do.