Travels in Brazil

by Henry Koster

The latter part of the 5th Article determines which are the vessels that shall be accounted British, and which shall be accounted Portugueze, for the purpose of ascertaining those of both nations which may enjoy the favourable stipulations. The Portugueze here again complain that the English have the advantage over them from the great numbers of vessels which they build, and from the numerous prizes which they take from their enemies, whilst the Portugueze construct very few vessels, and take no prizes[262]. The Portugueze have lately been in the habit of purchasing vessels that have been built in the United States. As soon as these are owned by Portugueze subjects, the national colours of the new owners may be hoisted, and they enjoy all the privileges of vessels of Portugueze build. It is urged that the British government should have suffered these vessels to enter the ports of Great Britain enjoying the same advantages as are granted to such vessels by the Portugueze government. If the subject is considered it will be perceived that this would be equally against the interest of both nations. Great Britain would by this means afford a considerable market for the shipping of one of her maritime rivals. By the low prices at which such vessels may be obtained, and the small number of hands which they require, the Portugueze navigation would likewise be materially injured. Instead of any encouragement being given to ship-building in Brazil, the subjects of that country would resort to North America for vessels, and a bar would be placed against the advancement of this complicated art, in a country possessing many advantages which adapt it for the formation of a numerous navy.

The latter part of the 8th Article stands thus:—“But it is to be distinctly understood that the present Article is not to be interpreted as invalidating or affecting the exclusive right possessed by the crown of Portugal within its own dominions to the farm for the sale of ivory, brazil-wood, urzela, diamonds, gold dust, gunpowder, and tobacco, in the form of snuff.” I hope that ere long the system of gradual reform will reach these monopolies, and that the trade in the Articles which they comprise will be thrown open.

Article 10th. “British subjects resident in the Portugueze dominions shall be permitted to nominate special magistrates to act for them as judges-conservator.” This privilege is not conceded to the Portugueze residing in Great Britain, and has therefore been complained of. Every Portugueze well knows the dreadful state of the courts of justice in all the dominions of his sovereign, and how extremely difficult it is to obtain redress under any grievance. He must be aware of the advantages which may be obtained by being personally acquainted with the magistrate before whom a cause is to be agitated. If this is the case (and that it is, speaking generally, no one will deny) in causes among themselves, how much more necessary is it that some protection should be afforded to foreigners, who cannot have opportunities of using undue influence; and besides, where the decision depends entirely upon one man, he will probably be inclined to favour his own countrymen. “The acknowledged equity of British jurisprudence, and the singular excellence of the British Constitution,” as the same article of the Treaty observes, render unnecessary any special magistrate to manage the concerns of foreigners residing in Great Britain. The state of the British courts of law is the pride of every Englishman; a doubt of the impartiality of their decisions never strikes the mind of any reasonable man. Although one party in the State constantly opposes the measures of government, and seeks out any abuses which may have crept into its proceedings, still the courts of law continue to act, year after year, without any suspicion of misconduct,—without any idea of unfairness in their determinations being entertained. I speak in this manner of Portugueze courts of law, in the first place, from the radical badness of the system by which the determination of a cause depends upon one man; and in the second place, from the practice of one court, which I have had opportunities of witnessing, and the general complaints of almost every Portugueze who has had any thing to do with proceedings of this description. Doubtless there must be some men who do their duty; but a system of government should be founded upon the basis of as near an approach as can be formed to the impossibility of misconduct, and upon responsibility.

It is in the courts of law that a thorough change should be effected in the Portugueze dominions; their corrupt state calls most loudly for reformation, and it is from this source that the existing government has one heavy weight hanging over it, which may lead to most serious consequences. There are two evils which cannot be long endured when they have arrived at a certain height. Heavy and injudicious taxation, and injustice;—these reach every man; in his own hut he feels them, and they follow him every where, subjecting him to privations, and to many mortifications; his temper is soured and his anger will at last break loose.

Article 12th. “British subjects, and all other foreigners resident in the dominions of Portugal shall have perfect liberty of conscience, and shall be permitted to build churches and chapels under certain restrictions as to their outward appearance; and any person who should attempt to make converts from, or should declaim against the Catholic religion publicly, is to be sent out of the country in which the offence has been committed.” It is disgraceful that such an article as this should be necessary in any Treaty between two civilized states; but every step towards liberality should be greeted with great joy, proceeding from those countries in which the Catholic religion predominates. That part of the article which concedes liberty of conscience, not only to British subjects, but to every foreigner, is another indication of the spirit of liberality having found its way into the Council of Rio de Janeiro, for, I should imagine that the British statesman would only have required this stipulation for his countrymen, without mentioning the subjects of other powers. I have heard this article much complained of by men who were afterwards surprised to hear that the Portugueze were allowed to have their chapels in England; and here these gentlemen would have been desirous of preventing perfect reciprocity.

Article 17th. “It is agreed and covenanted that articles of military and naval stores brought into the ports of H. R. H. the Prince Regent of Portugal, which the Portugueze government may be desirous of taking for its own use shall be paid for without delay at the prices appointed by the proprietors, who shall not be compelled to sell such articles on any other terms. And it is farther stipulated, that if the Portugueze government shall take into its own care and custody any cargo or part of a cargo, with a view to purchase or otherwise, the said Portugueze government shall be responsible for any damage or injury that such cargo or part of a cargo may receive while in the care and custody of the officers of the said Portugueze government.”

I have transcribed this article at full length. What must be the reputed state of a government from which common equity must be stipulated for? But I trust that the time for such abuses has gone by, and that the era of reformation has commenced.

Article 18th. “The privilege is granted to British subjects of being assignantes for the duties to be paid at the custom-houses.” The inability of being assignantes was of considerable inconvenience to English merchants, and obliged them to pay a per centage to a Portugueze for the use of his name in this capacity. The assignantes are bondsmen for the duties to be paid at the end of three and six months; and no reason could be urged against Englishmen being allowed to serve as assignantes, excepting that of leaving the country without waiting to answer their bonds.

Article 19th. “All goods, merchandises, and articles whatsoever of the produce, manufacture, industry, or invention of the dominions or subjects of either of the High Contracting Parties, shall be received into the ports of the other, upon the terms of the most favoured nation.”

Article 20th. “Certain articles of the growth and produce of Brazil, which are subject to prohibitory duties in Great Britain, as they are similar to the produce of the British colonies, are permitted to be warehoused in Great Britain for exportation.” The non-admission of these commodities, which are principally sugar and coffee, for the consumption of the British empire, has been subject to discussion. It was not to be expected that Great Britain would sacrifice her own possessions by this alteration in her policy; and particularly towards a country in which the articles in question can be produced at a smaller expence than in the British colonies.