The public duties which I had to perform for the service of His Imperial Majesty, and the pacification of this province, being now happily brought to a termination, it becomes my duty, as Commander-in-chief, to call your Excellency's attention to some facts concerning the interests of the officers and seamen under my command.
On the occasion of my former visit, in 1823, which was so happily instrumental in rescuing this province from the yoke of Portugal and annexing it to the Empire, I was desirous of rendering the service performed still more grateful to the people by voluntarily granting, in the conditions of capitulation, not only my guarantee for the inviolability of all Brazilian property then under the Portuguese flag, but also of all the property belonging to resident Portuguese who should subscribe to the independence of the Empire, and the authority of His Imperial Majesty. These conditions were most scrupulously observed and fulfilled on my part, without the slightest infringement in any one instance.
But—on the other hand—it was expressly set forth in the terms of capitulation, that all property belonging to those who remained in hostility—that is to say, property belonging to the crown or government of Portugal, or to absent Portuguese (though with respect to the latter a commutation was subsequently consented to) being, according to the laws of war, subject to condemnation to the captors —should be delivered to the captors accordingly, to be, by themselves, subjected to the customary investigation in the prize tribunals of His Imperial Majesty.
Amongst other articles of property of this description were, of course, included the money due on the balance of public accounts to the crown of Portugal, and this amount—partly in specie and partly in bills—was held in readiness by the capitulating authorities to be delivered when required. But, as my attention was for some time solely directed to the arrangement of public affairs, I neglected to call for the said balance until the new Junta of Government, chosen under my authority, had taken possession of their office, and obtained the control of the public moneys.
After several applications on my part to the said Junta, and as many evasions on their part, I had, at last, a personal conference with them on the subject—on which occasion they solicited, as a particular favour, that I would permit the amount to remain in their hands, for the purpose of satisfying the claims of the troops of Piahuy and Cearà, whom they represented as being clamorous for their pay. To this request I agreed, under the assurance that I should receive bills from the said Junta for the amount. These, however, they not only evaded granting, but, when afterwards called upon for a receipt, they declined giving any acknowledgment.
To the truth, however, of the main fact, viz., the claims of myself, and the officers and men under my command, your Excellency has now the power of satisfying yourself by a reference to the official documents that passed between the functionaries of government and myself, both previous and subsequent to the surrender of the Portuguese authorities in this province.
The conduct of this Junta has proved to be merely a type of that which we have since experienced on a larger scale at the hands of the supreme tribunal of justice at Rio de Janeiro. But there is a point beyond which forbearance ceases to be a virtue, and I now call upon your Excellency to direct that the Junta of Fazenda, who so unjustly and deceitfully withheld from the officers and men the property above described, shall, with all convenient despatch, proceed to the adjustment of the claim in question.
An attested copy of the accounts, signed by the members of the late Portuguese Junta of Government—being in my possession, I enclose a copy thereof, which your Excellency can cause to be compared with the original treasury and custom-house books. I likewise enclose to your Excellency a copy of a gracious communication which I received from His Imperial Majesty—the original of which, in His Majesty's own handwriting, is now in my possession.
This will enable your Excellency to judge as to what the understanding and intentions of His Imperial Majesty really are, with respect to the claims of the squadron—when influenced by the dictates of honour and his own unbiassed judgment.
Nevertheless—should your Excellency consider it necessary, I have no objection to prosecute the claims of the officers and seamen to the balance before alluded to—in the Court of Admiralty which your Excellency is about to convene. But I beg it may be distinctly understood that I hold myself bound not to relax in any way from my determination that these accounts shall be settled, so as to enable me to fulfil the duty which I am engaged to perform to those under my command.