THE TREATIES OF FRIENDSHIP AND ALLIANCE, AND OF COMMERCE AND NAVIGATION, BETWEEN THE CROWNS OF GREAT BRITAIN AND PORTUGAL, SIGNED AT RIO DE JANEIRO, ON THE 19th OF FEBRUARY 1810.

I HAVE heard many discussions both in England and in Brazil, upon the merits and demerits of these Treaties; in such disputations Englishmen have appeared to suppose that their interests had not been sufficiently consulted; and the contrary opinion was maintained by the Portugueze, for they considered their nation to be aggrieved by them, and that great partiality had been shown to British subjects. I cannot avoid thinking that the Treaties are as impartial as possible, and that due regard has been paid to both parties. If British subjects have gained some advantages, one of considerable importance which they possessed before, has been given up; and the commercial intercourse between both parties has been placed in very favourable circumstances. Even the innovations which by these Treaties have been made in the laws of Brazil in favour of Englishmen, tend to the general advancement of that country,—to forward its progress towards a higher pitch of civilization. In the discussions which I have heard, Englishmen, by the arguments which they used, appeared to think that Brazil should have been treated overbearingly, as a country which had been humbled by misfortune, and that of this circumstance advantage should have been taken by Great Britain. The idea which is entertained of the weakness of Brazil, must proceed from the trifling defensive preparations which are to be seen upon her coasts. Her sea-ports might no doubt be much injured by attacks from a maritime enemy; but the country is impregnable, it possesses far stronger fortresses than any which can be raised by man; in its extent, in its woods, and in a hardy population, who are accustomed to live on very little food, and that of a poor kind. However, any ideas of conquest in South America by Europeans, against the wishes of the people, experience has proved to be fallacious; the Dutch war with Pernambuco, and our own errors at Buenos Ayres bear witness to this fact.

The Portugueze on the other hand seem to have imbibed the idea that Great Britain has taken undue advantage of the state of the Portugueze monarchy, and has imposed heavy terms, such as suited her own purposes. Many of the arguments which are made use of by the Portugueze, are brought forwards by them without any consideration of the state of Brazil;—of the relative situation of the two high contracting parties. The following plea for complaint, although it does not relate to the Treaties, may be mentioned in this place, for it is a favourite one with many persons. It is said, that the Regent of Brazil has made grants of land to British subjects, but that the Portugueze are not permitted to possess landed property in the dominions of His Britannic Majesty. A complaint of this kind would appear to denote that the two countries were in the same state with regard to population; that Brazil did not require an enormous increase of people, and that Great Britain possessed a superabundance of territory. Far from the grants of land to foreigners being urged as a breach of the declared reciprocity between the two nations, the government of Brazil ought to invite foreigners to purchase lands and establish themselves there; it ought to allow them to follow their own religion; it should naturalize them and fix them to the soil by the protection which the laws ought to afford them; and by the permission which should be given to them of having some share in the concerns of the society into which they had been adopted.

The Portugueze are continually pointing to the rapid advancement of the United States of America, and holding up that country as an example which ought to be followed in the introduction of minor improvements in Brazil; but they do not seek high enough for the sources of the prosperity of North America; the statesmen of that country receive every one who pleases to establish himself under their protection, and the laws of the republic tolerate all religions; these are the great fountains from which the increase of her power has been drawn. An impartial distribution of justice, and a mildness of government have acted in unison with the views of her rulers. Brazil however is totally unfit for a republican form of government; her people have been guided in a far different track from that of the inhabitants of the United States. The first settlers in North America left their native shores, because their ideas were too democratic for the mother country, and because their religious opinions did not coincide with those of their countrymen; therefore the minds of the descendants of parents like these were prepared for the declaration of republican principles. But the colonists of Brazil were regularly invited to settle under the direction of officers who had been appointed by the government of Portugal, and who were entrusted with despotic power; they were Roman Catholics too. Consequently the habits of their descendants lead them to quiet acquiescence in the mandates of those who govern them; to follow rather than to direct, to be guided rather than to be obliged all at once without any previous instruction, to think for themselves. Still, although a government which is established on principles of democracy is not suited to Brazil, that country would bear many degrees of advancement towards a state of freedom,—in religion, in personal security, and in legislative authority; this last might certainly be granted to a certain degree.[257]

However to return; I shall attempt to prove that the Treaties in question have been fairly drawn out, and that they exist for the benefit of both nations; that each has conceded in some points much to the well-being of both. Neither party should desire to have every thing, from whence, says a Brazilian writer, “arise conflicts, hatreds, and the pretences upon which complaints and wars are founded.”[258]

The Portugueze canvass the Treaties as if they were jealous of what had been granted to British subjects, without considering whether the advantages which had been conceded were or were not for the benefit of Brazil. They should consider what is for their own good, and not what Great Britain grants to them, or what their government grants to Great Britain.

I shall only mention those articles of the Treaties which are particularly interesting, and which may be liable to discussion, wishing to be as observant of conciseness as possible.

THE TREATY OF FRIENDSHIP AND ALLIANCE.

I pass over the primary articles as being unimportant, or from the interest of the subjects to which they relate having already subsided.

Article 6th. “His Britannic Majesty is allowed the privilege of causing timber, for the purpose of building ships of war, to be purchased and cut down in the woods of Brazil.”

This was supposed to afford to Great Britain an inexhaustible and inexpensive source of supplying her navy with timber; but I have understood that the expence which must be incurred in felling the trees, and bringing the timber to the water’s edge, would be too great to render the project feasible; and that the woods of Brazil were discovered to contain a less proportion of valuable timber than had been imagined. If the British government had thought proper to act upon this article,—if the plan had been judged worthy of being executed, the advantages which Brazil must have derived from it would have been considerable. The increased traffic which would have been experienced by the ports in which dock-yards would have been established, and the number of mechanics who would have gone over, many of whom would in all probability have remained ultimately in that country, must have been beneficial to it. The ship carpenters and caulkers of Brazil are fully as good as those of England, and if encouragement was given to the most necessary art of ship-building, no external aid would be requisite. But due encouragement is what is wanting.

Article 7th. “Any squadron that may be sent by either of the High Contracting Parties to the succour of the other, shall be supplied with fresh provisions by that power for whose assistance it is fitted out.” This plainly alludes to the British squadron stationed at Rio de Janeiro for the protection of the coast of Brazil; and it is only fair that the party which is assisted should feed those who have undertaken its defence.

Article 8th. “Any number of ships of war are permitted to enter the ports of either of the High Contracting Parties.” This is connected with the foregoing article, and was necessary for its execution.

Article 9th. “The Inquisition or Tribunal of the Holy Office not having been hitherto established or recognized in Brazil, H.R.H. the Prince Regent of Portugal, guided by an enlightened and liberal policy, takes the opportunity afforded by the present treaty, to declare spontaneously in his own name, and in that of his heirs and successors, that the Inquisition shall never hereafter be established in the South American dominions of the Crown of Portugal.”

A hint is thrown out towards the conclusion of the same article of some intention to abolish the Inquisition in Portugal, and in all other parts of the Portugueze dominions. I imagine that Great Britain would scarcely have stipulated for this change of policy in the government of Brazil, if some intimation had not been made that the ministry of that country wished in this manner to get rid of the abominable tribunal. Great Britain indeed cannot be said to have stipulated for it; the Prince declares his purpose spontaneously. Be this as it may, this most horrible Court does not exercise its power in Brazil, and thus has been removed, almost irrevocably, one of the most intolerable burthens under which any nation ever laboured. The late Secretary of State for Foreign Affairs, D. Rodrigo de Souza Coutinho, was a man of a liberal mind; and Brazil has in his death sustained a great loss; but this misfortune is alleviated by the means which it has afforded of placing at the head of affairs the Chevalier Araujo[259]. This nobleman seems to have adopted Brazil as his country, to direct his attention entirely to the concerns of that kingdom, and to wish to increase the importance of the State over which he has been most judiciously placed. He appears also to be aware of the means by which progressive prosperity is to be obtained,—liberality, toleration, mildness, reformation. The solemn manner in which the rulers of Brazil have declared their intentions in this respect, is a triumph of liberality over bigotry which was scarcely to be expected; and still less was the public avowal of principles like these to be looked for from the quarter in which they appeared. The misfortunes of Portugal have produced incalculable benefit to the transatlantic territories which she held under subjection; and although the mother country has suffered much, still some advantages cannot fail to proceed from the change in her situation; at any rate her internal affairs may meet with some alterations which may better the condition of the people. Portugal no longer enjoys the exclusive trade with Brazil, but I know not whether in the end she will not be happier in depending upon her own resources;—upon a moderate trade with other nations suited to her political importance, instead of the gigantic commercial intercourse which was carried on through her ports. The government will probably undergo some reform, and Portugal will in all likelihood soon see the Inquisition abolished, and may perhaps witness the re-establishment of the Cortes.

Article 10th. “A gradual abolition of the slave trade on the part of the Regent of Portugal is promised, and the limits of the same traffic along the coast of Africa are determined.” Of this subject I have already in another place treated.

THE TREATY OF COMMERCE AND NAVIGATION.

Article 2d. “There shall be reciprocal liberty of commerce and navigation between the subjects of the two High Contracting Parties, and they are allowed to trade, travel, sojourn, and establish themselves in the ports &c. of the dominions of each, excepting in those from which all foreigners are excluded.”

The ease with which leave to travel in Brazil may be obtained, I have myself experienced, and even without a passport an Englishman might travel in some of the provinces. Great complaint has been made by the Portugueze of the strictness with which the British Alien Laws have been enforced; and here a breach of reciprocity is stated to exist,—not by the Treaty, but in the non-accomplishment of this article. The extreme difficulty with which one foreigner is distinguished from another, by persons who do not understand the language of any, and the vicinity of Great Britain to the Continent of Europe,—to her greatest enemy, and the immense number of foreign prisoners which she held in confinement during the war, placed her in a far different situation from Brazil, in which the only foreigners excepting Spaniards, who could possibly have found their way into the country, must have arrived there in British or Portugueze vessels, consequently little doubt could be entertained of the propriety of allowing any foreigner to receive a passport to travel in the interior or along the coast of that country[260]. Difficulties were doubtless experienced, and vexations submitted to on some occasions, and these cases have been brought forwards. It must be recollected that the number of Portugueze subjects travelling in Great Britain was, and is, much greater than that of British subjects travelling in Brazil; and that the number of magistrates to whom each of these travellers must shew his pass is much greater in the former country than in the latter, owing to the more numerous population of Great Britain. Therefore a very few cases of hardship in Brazil would only average a much greater number of like instances of severity in Great Britain.[261]

With respect to naturalization in the dominions of either of the two crowns, the Portugueze are much more favourably situated than British subjects, because, according to existing laws, a British subject can only be naturalized in the kingdom of Portugal and Brazil, if he professes the Roman Catholic Religion.

Articles 3d, 4th, and 5th. These relate to custom-house duties, port-charges, &c., which are to be paid with perfect reciprocity by the vessels of both nations. If the same duties, at the custom-houses in Brazil, were not paid for goods which were imported in British as in Portugueze vessels, the consequences would be, that every English merchant must resort to smuggling, or be obliged to give up all idea of competition with the Portugueze. The duty on cotton, the chief article which is exported from Brazil to England, is equal in vessels of either nation. This duty is not however of such importance to the commodity as to render the importer of it in a ship which pays a higher impost unable to vie with him who pays a lower one. But in the case of manufactured goods shipped from hence to Brazil, the duty is of primary consequence, because there is very frequently, I may say generally, a loss upon such shipments, and an increase of 10 per cent. upon a concern which has independently of these 10 per cent. undergone a loss, would often be ruinous. I have not a doubt in saying that the government of Brazil is a gainer by lowering the duties upon goods which are imported in British vessels to the standard of those which are imported in vessels that are owned by its subjects. Under existing regulations all parties come into the market upon an equal footing, and although some persons will attempt to evade the payment of any duty, still it is not necessary that a whole body of men should resort to smuggling for the purpose of bringing their commodities into the market with any prospect of a successful sale. I own that I think a higher duty than 15 per cent. might be raised by government, but if any advance was made it should be done generally upon all classes of traders, whether subjects of Brazil or foreigners, to be done to any advantage. The reciprocity which is established by these articles has been followed by most advantageous consequences to both parties. Great Britain is materially benefited in a commercial point of view by the importation of the cotton of Brazil, direct from that country; and the improvement which has been caused, and continues to act in Brazil by the introduction of British manufactured goods is incalculable, in point of wealth and civilization, and in producing incentives for exertion.

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.

Article 21st. “British East Indian goods and West Indian produce may be subjected to prohibitory duties in the dominions of Portugal.” British merchants might complain of this article with as much reason as the Portugueze do of the former. The relative situations of the two empires require both of them.

Article 23d. “His R. H. the Prince Regent of Portugal being desirous to place the system of commerce announced by the present Treaty upon the most extensive basis, is pleased to take the opportunity afforded by it, of publishing the determination pre-conceived in His Royal Highness’ mind of rendering Goa a free port, and of permitting the free toleration of all religious sects whatever in that city and its dependencies.” Here is another most pleasant symptom of change of policy.

Article 25th. “Great Britain gives up the right which she enjoyed of creating factories or incorporated bodies of British merchants in the Portugueze dominions.” This was a privilege of considerable importance, from the union which it produced among the merchants of that nation residing in the same place. They were better able as a body to urge any petition to the Portugueze government, and to transact the affairs which interested them generally. However their protection is sufficiently provided for in other articles of the Treaty, and therefore it is well that this privilege was given up: it was an odious one, and not necessary; and certainly was not consistent with the basis of reciprocity upon which the Treaty was formed.

Article 26th. This declares that the stipulations existing concerning the admission of the wines of Portugal into Great Britain, and the woollen cloths of Great Britain into Portugal, shall remain unaltered[263]. The article continues thus; “in the same manner it is agreed, that the favours, privileges, and immunities, granted by either contracting party to the subjects of the other, whether by Treaty, Decree or AlvarÁ, shall remain unaltered.[264]”

Article 32d. “It is agreed and stipulated by the High Contracting Parties, that the present Treaty shall be unlimited in point of duration, that the obligations and conditions expressed or implied in it shall be perpetual and immutable, and that they shall not be changed or affected in any manner, in case H. R. H. the Prince Regent of Portugal, his heirs or successors, should again establish the seat of the Portugueze monarchy within the European dominions of that crown.”

Brazil is thus laid open for ever. However, even if the government was so inclined, it would be impossible to close the ports of that kingdom to foreign trade; the benefits which have resulted from the direct intercourse with Great Britain have been too generally felt for the people to be made to return to the ancient colonial system.

The British North American colonies first shewed the example of throwing off the yoke of the mother country, and this was to be expected from the principles of many of the first settlers. The attempt succeeded, but a doubt still remains whether it would not have been more to their advantage to have remained subject to Great Britain for some time longer;—whether they were at the time of emancipation of a competent age to rely upon their own resources. However the spirit of their government and of their people, may have made amends for any prematurity of freedom; and the United States have advanced with most surprising (I may almost say unnatural) rapidity, in power and wealth, and consequent importance in the scale of nations. Their change of situation was not however obtained without years of bloodshed and desolation.

The Spanish colonies are now making the same experiment; they are experiencing great misery, and the contest is far from being decided.

Brazil has obtained a government of its own, under most peculiar circumstances, and these have probably saved that country from the misery of revolution. If the rulers of that extensive kingdom perform their duty, if they act with common prudence, their own downfall may be prevented, and the unhappiness of a whole people for the space of one generation, may be rendered unnecessary. The government has much to do before the people will or ought to be satisfied; and the people have been too much accustomed to submission, to be excited to a change of government, unless the grievances under which they suffer are of such magnitude as to be too considerable to be borne.

The reformation which would, I think, reconcile the people is not of very difficult execution. Judicious taxation, instead of the system which exists, is requisite in the first place; the articles of primary necessity are heavily taxed, such as provisions of all descriptions, and the same occurs with respect to the most important articles of trade. An impartial administration of justice ought in the second place to be provided for. The abolition of all monopolies, and of the system of farming the taxes. A decrease in the power of civil and military magistrates: a change in the manner of recruiting: a suppression of great numbers of the civil and military officers of government,—by the existence of these taxation is rendered much heavier than it otherwise would be, fees are augmented, and the redress of grievances becomes more difficult because responsibility is more divided. The misconduct of each person is not of sufficient moment to be taken notice of, and mal-practices are too widely diffused to be punished.

The change of policy which would lead to the general advancement of the country, consists in the abolition of the slave trade, in the toleration of all religions, in the naturalization of foreigners, and perhaps ultimately in the establishment of legislative assemblies, and of a general Cortes.

If my limits would allow, and this was a proper place for the purpose, I think I could shew that the reformation which is proposed is perfectly within the power of the Court, and is absolutely necessary for the security of the present dynasty. The change of policy must be entered into gradually. The government will not go so far at present;—neither are the people fit for the reception of the whole of these innovations, nor would they accord with their ideas. They are steps to which all countries which are in a state of improvement must advance; and if those persons who are placed at the head of their affairs are aware of what is due to them revolutions may be prevented, by keeping pace with the ideas of the people, and attending to their progressive state.

I look forwards with hope to a continuance of peace in Brazil; I trust that the devastations of revolution, that the misfortunes which political convulsions produce may be averted; that the natural quietude and goodness of the people of that kingdom, and the wisdom and prudence of the government will unite in the far preferable plan of continuing in the path which all those persons who desire their welfare will pray for;—in conceding to each other, and in agreeing to establish a lasting empire upon the true basis of perfect confidence.