The Life of Thomas, Lord Cochrane, Earl of Dundonald Thomas Barnes Cochrane [ebook reader 8 inch .txt] 📗

id="id00695">On the subject of the prizes your excellency is pleased to state: "Les difficultés survenues dans le jugement des prizes ont eu des motifs si connus et positifs qu'il est assez doloureux de les voir attribuir à la mauvaise volonté du Conseil de S.M.I." To this I reply that I know of no just cause for the delay which has arisen in the decision of the prizes, and consequently I have a right to impute blame for that delay to those who have the power to cause it or remove it. If the majority of the voices in council had been for a prompt condemnation to the captors of the prizes taken from the Portuguese nation, is it possible that individuals of that nation would be suffered to continue to be the judges of those prizes after an experience of many months has demonstrated either their determination to do nothing, or nothing favourable to the captors? The repugnance of Portuguese judges to condemn property captured from their fellow-countrymen, as a reward to those who have engaged in hostilities against Portugal, is natural enough, and is the only well-known and positive cause of the delay with which I am acquainted; but it is not such a cause for delay as ought to have been permitted to operate by the ministers and council of his Imperial Majesty, who are bound in honour and duty to act with fidelity towards those who have been engaged as auxiliaries in the attainment and maintenance of the independence of the empire. I did, however, inform your excellency that I had heard it stated that another difficulty had arisen in the apprehension that this Government might be under the necessity of eventually restoring the prizes to the original Portuguese owners as a condition of peace. But this, your excellency assures me, proves nothing but that I am a listener to "rapporteurs," whom I ought to drive from my presence. Unfortunately, however, for this bold explanation of your excellency, the individual whom I heard make the observation was no other than his excellency the present Minister of Marine, Francisco Villala Barboza. If your excellency considers that gentleman in the light of a "rapporteur," or talebearer, it is not for me to object; but the imputation of being a listener to or encourager of talebearers, so rashly advanced by your excellency against me, is without foundation in truth. It may be necessary for ministers of state to have their eavesdroppers and informers, but mine is a straightforward course, which needs no such precautions. And if there be any who volunteer information or advice, I can appreciate the value of it, and the motives of those who offer it. Those who know me much better than your excellency does, will admit that I am in the habit of thinking for myself, and not apt to act on the suggestions of others, especially if officiously tendered.

As to the successive appointment and removal of incompetent auditors of marine, for which your excellency gives credit to the council, I can only say that the benefit of such repeated changes is by no means apparent. And to revert again to the difficulty of decision, for which your excellency intimates there is sufficient cause, I beg leave to ask your excellency what just reason can exist for not condemning these prizes to the captors. Can it be denied that the orders under which I sailed for the blockade of Bahia authorized me to act hostilely against the ships and property of the crown and subjects of Portugal? Can it be denied that war was regularly declared between the two nations? Was it not even promulgated under the sanction of his Imperial Majesty in a document giving to privateers certain privileges which it is admitted were possessed by the ships of war in the making and sale of captures? And yet did not the Prize Tribunal (consisting chiefly, as I before observed, of Portuguese), on the return of the squadron, eight months afterwards, pretend to be ignorant whether his Imperial Majesty was at war or at peace with the kingdom of Portugal? And did they not under that pretence avoid proceeding to adjudication? Was not this pretence a false one, or is it one of those well-founded causes of difficulty to which your excellency alludes? Can it be denied that the squadron sailed and acted in the full expectation, grounded on the assurance and engagements of the Government, that all captures made under the flag of the enemy, whether ships of war or merchant vessels, were to be prize to the captors? and yet when the prize judges were at length under the necessity of commencing proceedings, did they not endeavour to set aside the claims of the captors by the monstrous pretence that they had no interest in their captures when made within the distance of two leagues from the shore? Will your excellency contend that this was a good and sufficient reason? Was it founded in common sense, or on any rational precedent, or indeed any precedent whatever? Was it either honest to the squadron or faithful to the country? Was it not calculated to prevent the squadron from ever again assailing an invading enemy, or again expelling him from the shores of the empire? Then, in the next place, did not these most extraordinary judges pretend that at least all vessels taken in ports and harbours should be condemned as droits to the crown, and not as prize to the captors? Was not this another most pernicious attempt to deprive the imperial squadron not only of its reward for the past but of any adequate motive for the risk of future enterprise? And in effect, were not these successive pretences calculated to operate as invitations to invasions? Did they not tend to encourage the enemy to resume his occupation of the port of Bahia, and generally to renew his aggressions against the independence of the empire on her shores and in her ports without the probability of resistance by the squadrons of his Imperial Majesty? And have not these same judges actually condemned almost every prize as a droit to the crown, thereby doing as much as in them lay to defraud the squadron and to damp its zeal and destroy its energies? Nay, have not the auditors of marine actually issued decrees pronouncing the captures made at Maranhão to have been illegal, alleging that they were seized under the Brazilian flag, although in truth the flag of the enemy was flying at the time both in the forts and ships; declaring me a violator of the law of nations and law of the land; accusing me of having been guilty of an insult to the Emperor and the empire, and decreeing costs and damages against me under these infamous pretences? Can your excellency perceive either justice or decency in these decrees? Do they in any degree breathe the spirit of gratitude for the union of so important a province to the empire, or are they at all in accordance with the distinguished approbation which his Imperial Majesty himself has evinced of my services at Maranhão?

Can it be unknown to your excellency that the late ministers, acting doubtless under the sanction of his Imperial Majesty, and assuredly under the guidance of common sense, held out that the value of ships of war taken from the enemy was to be the reward of the enterprise of the captors? And yet are we not now told that a law exists decreeing all captured men-of-war to the crown, and so rendering the engagements of the late ministers illegal and nugatory? Can anything be more contrary to justice, to good faith, to common sense, or to sound policy? Was it ever expected by any government employing foreign seamen in a war in which they can have no personal rights at stake, that those seamen will incur the risk of attacking a superior, or even an equal, force, without prospect of other reward than their ordinary pay? Is it not notorious that even in England it is found essential, or at least highly advantageous, to reward the officers and seamen, though fighting their own battles, not only with the full value of captured vessels of war, but even with additional premiums; and was it ever doubted that such liberal policy has mainly contributed to the surpassing magnitude of the naval power of that little island, and her consequent greatness as a nation?

Can your excellency deny that the delay, the neglect, and the conduct generally of the prize judges, have been the cause of an immense diminution in the value of the captures? Have not the consequences been a wanton and shameful waste of property by decay and plunder? Can your excellency really believe in the existence of a good and sufficient motive for consigning such property to destruction, rather than at once awarding it to the captors in recompense for their services to the empire? Is it not true that all control over the sales and cargoes of the vessels, most of which are without invoices, have been taken from the captors and their agents and placed in the hands of individuals over whom they have no authority or influence, and from whom they can have no security of receiving a just account? And can it be doubted that the gracious intentions of his Imperial Majesty, as announced by himself, of rewarding the captors with the value of the prizes, are in the utmost danger of being defeated by such proceedings?

Since the 12th day of February, when his Imperial Majesty was graciously pleased to signify his pleasure in his own handwriting that the prizes, though condemned to the crown, should be paid for to the captors, and that valuators should be appointed to estimate the amount, is it not true that nothing whatever, up to the date of my former letter to your excellency, had been done by his ministers and council in furtherance of such his gracious intentions? On the contrary, is it not notorious that, since the announcement of the imperial intention, numerous vessels and cargoes have been arbitrarily disposed of by authority of the auditors of marine, by being delivered to pretended owners and others without legal adjudication, and even without the decency of acquainting the captors or their agents that the property had been so transferred? And has not the whole cost of litigation, watching and guarding the vessels and cargoes, been entirely at the expense of the captors, notwithstanding the disposal of the property and the receipt of the proceeds by the agents of Government and others?

So little hope of justice has been presented by the proceedings of the Prize Tribunal, that it has appeared quite useless to label the stores found in the naval and military arsenals of Maranhão, or the 66,000 dollars in the chests of the Treasury and Custom House, with double that sum in bills, all of which was left for the use of the province, or permitted to be disbursed to satisfy the clamorous troops of Ceara and Pianhy. Has any remuneration been offered to the navy for these sacrifices, of which ministers were duly informed by my official despatches? or has any recompense been awarded for the Portuguese brig and schooner of war, both completely stored and equipped, which were surrendered at Maranhão, and which have ever since been employed in the naval service? To a proportion of all this I should have been entitled in Chili, as well as in the English service; and why, I ask, must I here be contented to be deprived of every hope of these the fruits of my labours? In addition to the prize vessels delivered to claimants without trial, have not the ministers appropriated others to the uses of the state without valuation or recompense?[A]

[Footnote A: This conduct was afterwards more flagrantly exemplified on the arrival of the new and noble prize frigate Imperatrice, the equipment whereof had cost the captors 12,000 milreas, which sum has never been returned.]

In short, is it not true that though more than a year has elapsed since the sailing of the imperial squadron under my command, and nearly half a year since its return, after succeeding in expelling the naval and military forces of the enemy from Bahia, and liberating the northern provinces, and uniting them to the empire; I say is it not true that not one shilling of prize money has yet been distributed to the squadron, and that no prospect is even now apparent of any distribution being speedily made? Is it not true that the only substantial reward of the officers and seamen of the squadron for the important services they have rendered has hitherto been nothing more than their mere pittance of ordinary pay; and even that in many instances vexatiously delayed and miserably curtailed? And with respect to myself individually, is it not notorious that I necessarily consume my whole pay in my current expenses; that my official rank cannot be upheld