Representative British Orations Volume 3 (of 4) / With Introductions and Explanatory Notes

by Unknown

That the alliance with Portugal has been always unqualifiedly advantageous to this country—that it has not been sometimes inconvenient and sometimes burdensome—I am not bound nor prepared to maintain. But no British statesman, so far as I know, has ever suggested the expediency of shaking it off; and it is assuredly not at a moment of need that honor and what I may be allowed to call national sympathy would permit us to weigh, with an over-scrupulous exactness, the amount of difficulties and dangers attendant upon its faithful and steadfast observance. What feelings of national honor would forbid, is forbidden alike by the plain dictates of national faith.

It is not at distant periods of history, and in by-gone ages only, that the traces of the union between Great Britain and Portugal are to be found. In the last compact of modern Europe, the compact which forms the basis of its present international law—I mean the treaty of Vienna of 1815,—this country, with its eyes open to the possible inconveniences of the connection, but with a memory awake to its past benefits, solemnly renewed the previously existing obligations of alliance and amity with Portugal. I will take leave to read to the House the third article of the treaty concluded at Vienna, in 1815, between Great Britain on the one hand and Portugal on the other. It is couched in the following terms: “The treaty of Alliance, concluded at Rio de Janeiro, on the 19th of February, 1810, being founded on circumstances of a temporary nature, which have happily ceased to exist, the said treaty is hereby declared to be void in all its parts, and of no effect; without prejudice, however, to the ancient treaties of alliance, friendship, and guarantee, which have so long and so happily subsisted between the two Crowns, and which are hereby renewed by the high contracting parties, and acknowledged to be of full force and effect.”

In order to appreciate the force of this stipulation—recent in point of time, recent, also, in the sanction of Parliament—the House will, perhaps, allow me to explain shortly the circumstances in reference to which it was contracted. In the year 1807, when, upon the declaration of Bonaparte, that the House of Braganza had ceased to reign, the King of Portugal, by the advice of Great Britain, was induced to set sail for the Brazils; almost at the very moment of his most faithful Majesty’s embarkation, a secret convention was signed between his Majesty and the King of Portugal, stipulating that, in the event of his most faithful Majesty’s establishing the seat of his government in Brazil, Great Britain would never acknowledge any other dynasty than that of the House of Braganza on the throne of Portugal. That convention, I say, was contemporaneous with the migration to the Brazils; a step of great importance at the time, as removing from the grasp of Bonaparte the sovereign family of Braganza. Afterward, in the year 1810, when the seat of the King of Portugal’s government was established at Rio de Janeiro, and when it seemed probable, in the then apparently hopeless condition of the affairs of Europe, that it was likely long to continue there, the secret convention of 1807, of which the main object was accomplished by the fact of the emigration to Brazil, was abrogated, and a new and public treaty was concluded, into which was transferred the stipulation of 1807, binding Great Britain, so long as his faithful Majesty should be compelled to reside in Brazil, not to acknowledge any other sovereign of Portugal than a member of the House of Braganza. That stipulation, which had hitherto been secret, thus became patent, and part of the known law of nations.

In the year 1814, in consequence of the happy conclusion of the war, the option was afforded to the King of Portugal of returning to his European dominions. It was then felt that, as the necessity of his most faithful Majesty’s absence from Portugal had ceased, the ground for the obligation originally contracted in the secret convention of 1807, and afterward transferred to the patent treaty of 1810, was removed. The treaty of 1810 was, therefore, annulled at the Congress of Vienna; and in lieu of the stipulation not to acknowledge any other sovereign of Portugal than a member of the House of Braganza, was substituted that which I have just read to the House.

Annulling the treaty of 1810, the treaty of Vienna renews and confirms (as the House will have seen) all former treaties between Great Britain and Portugal, describing them as “ancient treaties of alliance, friendship, and guarantee”; as having “long and happily subsisted between the two Crowns”; and as being allowed, by the two high contracting parties, to remain “in full force and effect.”

What, then, is the force—what is the effect of those ancient treaties? I am prepared to show to the House what it is. But before I do so, I must say, that if all the treaties to which this article of the treaty of Vienna refers, had perished by some convulsion of nature, or had by some extraordinary accident been consigned to total oblivion, still it would be impossible not to admit, as an incontestable inference from this article of the treaty of Vienna alone, that, in a moral point of view, there is incumbent on Great Britain a decided obligation to act as the effectual defender of Portugal. If I could not show the letter of a single antecedent stipulation, I should still contend that a solemn admission, only ten years old, of the existence at that time of “treaties of alliance, friendship, and guarantee,” held Great Britain to the discharge of the obligations which that very description implies. But fortunately there is no such difficulty in specifying the nature of those obligations. All of the preceding treaties exist—all of them are of easy reference—all of them are known to this country, to Spain, to every nation of the civilized world. They are so numerous, and their general result is so uniform, that it may be sufficient to select only two of them to show the nature of all.

The first to which I shall advert is the treaty of 1661, which was concluded at the time of the marriage of Charles the Second with the Infanta of Portugal. After reciting the marriage, and making over to Great Britain, in consequence of that marriage, first, a considerable sum of money, and, secondly, several important places, some of which, as Tangier, we no longer possess, but others of which, as Bombay, still belong to this country, the treaty runs thus: “In consideration of all which grants, so much to the benefit of the King of Great Britain and his subjects in general, and of the delivery of those important places to his said Majesty and his heirs forever, etc., the King of Great Britain does profess and declare, with the consent and advice of his council, that he will take the interest of Portugal and all its dominions to heart, defending the same with his utmost power by sea and land, even as England itself”; and it then proceeds to specify the succors to be sent, and the manner of sending them.

I come next to the treaty of 1703, a treaty of alliance contemporaneous with the Methuen treaty, which has regulated, for upward of a century, the commercial relations of the two countries. The treaty of 1703 was a tripartite engagement between the States-General of Holland, England, and Portugal. The second article of that treaty sets forth, that, “If ever it shall happen that the Kings of Spain and France, either the present or the future, that both of them together, or either of them separately, shall make war, or give occasion to suspect that they intend to make war, upon the kingdom of Portugal, either on the continent of Europe, or on its dominions beyond the seas, her Majesty the Queen of Great Britain, and the Lords the States-General, shall use their friendly offices with the said Kings, or either of them, in order to persuade them to observe the terms of peace toward Portugal, and not to make war upon it.” The third article declares, “That in the event of these good offices not proving successful, but altogether ineffectual, so that war should be made by the aforesaid Kings, or by either of them, upon Portugal, the above-mentioned powers of Great Britain and Holland shall make war with all their force upon the aforesaid Kings or King who shall carry hostile arms into Portugal; and toward that war, which shall be carried on in Europe, they shall supply twelve thousand men, whom they shall arm and pay, as well when in quarters as in action; and the said high allies shall be obliged to keep that number of men complete, by recruiting it from time to time at their own expense.”

I am aware, indeed, that with respect to either of the treaties which I have quoted, it is possible to raise a question—whether variation of circumstances or change of times may not have somewhat relaxed its obligations. The treaty of 1661, it might be said, was so loose and prodigal in the wording—it is so unreasonable, so wholly out of nature, that any one country should be expected to defend another, “even as itself”; such stipulations are of so exaggerated a character, as to resemble effusions of feeling, rather than enunciations of deliberate compact. Again, with respect to the treaty of 1703, if the case rested on that treaty alone, a question might be raised, whether or not, when one of the contracting parties—Holland—had since so changed her relations with Portugal, as to consider her obligations under the treaty of 1703 as obsolete—whether or not, I say, under such circumstances, the obligation on the remaining party be not likewise void. I should not hesitate to answer both these objections in the negative. But without entering into such a controversy, it is sufficient for me to say that the time and place for taking such objections was at the Congress at Vienna. Then and there it was that if you, indeed, considered these treaties as obsolete, you ought frankly and fearlessly to have declared them to be so. But then and there, with your eyes open, and in the face of all modern Europe, you proclaimed anew the ancient treaties of alliance, friendship, and guarantee, “so long subsisting between the Crowns of Great Britain and Portugal,” as still “acknowledged by Great Britain,” and still “of full force and effect.” It is not, however, on specific articles alone—it is not so much, perhaps, on either of these ancient treaties, taken separately, as it is on the spirit and understanding of the whole body of treaties, of which the essence is concentrated and preserved in the treaty of Vienna, that we acknowledge in Portugal a right to look to Great Britain as her ally and defender.

This, sir, being the state, morally and politically, of our obligations toward Portugal, it is obvious that when Portugal, in apprehension of the coming storm, called on Great Britain for assistance, the only hesitation on our part could be—not whether that assistance was due, supposing the occasion for demanding it to arise, but simply whether that occasion—in other words, whether the casus fœderis had arisen.