CHAPTER XX.IMPOLICY OF THE SLAVE TRADE.FEW persons in Great Britain have now any doubts of the inhumanity of the slave trade, and none would presume to come forwards as its defenders. It is a great moral evil, perhaps the greatest in the world, from which England has at last been delivered. But her work is not yet done, other nations continue to transport the natives of Africa from their own shores to those of South America; and even when her efforts have succeeded in persuading them to forbid this trade, the plan of abolition must be followed up in her own colonies; she must atone for the crimes which she has committed, and prove to other countries her sincerity in the cause, by her zeal in rooting out a most execrable system with all prudent and possible expedition.In Brazil there are several excellent men who still entertain the idea that the Africans are saved from death by the slave-dealers, and that if they were not purchased by Europeans, their countrymen would murder them; thiswasthe opinion in England a few years ago, and therefore we cannot be surprised that the Brazilians should still consider it as being founded upon truth. It is their interest so to think, (or at any rate, they imagine that it is their interest) and they have no books or other means by which they might be undeceived. To the planters I fear that scarcely any arguments would be of any avail; they imagine that without slaves their estates mustdecay, and therefore they fortify themselves under the notion of the humanity of the trade by which they obtain their supplies. If the chief body of the priests could be convinced of its cruelty,—of the effect which this trade has to render still more prominent than they would otherwise be, the bad qualities of the natives of Africa in their own country, and to check every thing that is good;—of its direct tendency to increase the manifold evils of the state of society existing in the parts of that continent which are subject to the resort of slave-dealers;—if the clergy could be made to believe that by their voice they were sanctioning one of the most shocking systems under which the world ever laboured, I know that their aid would be given to the abolition. I am aware likewise of the weight which their opinions carry with them among all other descriptions of persons. One of the chief arguments with the priesthood is the advantages which the Africans receive from their entrance into the Catholic church;—how much better would it be to teach them the Christian religion upon their native soil, without all the miseries to which they are subjected by their transportation!Another opinion has also been adopted, which induces the Brazilians to suspect the motives of Great Britain in urging their government to abolish the trade. They say it was from policy alone that she abolished the slave trade, because her colonies were fully stocked; and that now she wishes to accomplish the abolition among all other nations who are not so well provided with labourers, that they may not rival her transatlantic possessions, and ultimately surpass them by the increased number of workmen[250]. Itis clear that those who hold out that upon such principles as these the abolition was effected in England, know nothing of its history;—for if they did, they would soon see from what pure motives the zeal for the prohibition of the slave-trade proceeded; they would read of the exertions and perseverance of Clarkson, the great apostle in this cause, and they would be convinced that the eloquence of Wilberforce could only emanate from the most disinterested sources. It would be perceived that these two individuals whose names will for ever be connected with the famous law to the passing of which they contributed so materially, were followed by a train of advocates in this glorious struggle, whose aid was afforded under circumstances which were as little liable to suspicion as the conduct of their great leaders. The proofs of the unstained principles upon which this act was carried through Parliament are so decisive, that a plain statement of facts would convince all those who were not previously determined to believe the contrary.The government of Brazil has a difficult part to act; it rules a numerous body of slave-owners, who are scattered over a very extensive country, in which the authority of the sovereign will only of necessity be loosely recognized; the possibility of resisting his commands does exist, and though his mandates are issued in the style of despotism, still he must be careful not to go too far; for he has not the means of enforcing obedience to his edicts in the chief provinces, if any one of them chose to withdraw its allegiance. The government would be, I rather think, inclined to follow the example of the chief powers of Europe; but it must not be precipitate, the people must be prepared for the change, and have time giventhem to think upon a subject, which, under their present impressions, is supposed to injure them so materially. It is at Bahia that the slave-dealers and planters have shewn themselves most violent in favour of the slave-trade; it is from that place that the most extensive traffic is carried on to the coast of Africa. In the province of Bahia there are great estates, possessing two, three, and four hundred slaves; the owners of these are consequently rich, and they possess power over the free population as well as over their own immediate dependents. It is in that quarter that the greatest inclination to resist whatever its people does not relish, has been experienced. Petitions containing forcible language have been made to the government at Rio de Janeiro, against the abolition and against the proceedings of the British cruisers stationed upon the coast of Africa, by which several slave ships have been captured[251]. The government of Brazil may, and ought to be persuaded by all peaceable and friendly means which independent States possess of urging each other, to do its utmost in accomplishing the much to be desired end; but still whatever our wishes may be, and however much the inclinations of the Portugueze ministry may coincide with them, they must consult the state of the country over which they rule.A Brazilian writer who has published several pamphlets at Rio de Janeiro with the permission of the Regent, has spoken against the trade, as far as it is possible under present circumstances. Slavery he styles “a terrible cancer in the body politic, whichtends to impede the increase of the white race,” and as he rather quaintly expresses himself “to Africanize the New World[252].” This is not the only place in which the same writer speaks of slavery, and of the trade in these terms. A Portugueze writer of much reputation among his countrymen, says, “if we have never feared the power of the government, neither ought we to hesitate in combating the erroneous opinions of the people; confident that although he who opposes himself to the prejudices of a nation, renders his name odious, still he may be quite certain that posterity will do him justice[253].” Another Journal of equal reputation states, that “it is a great evil for the chief strength of an empire to consist in the number of its slaves; and if Brazil had once reflected, that each negro which she exports from Africa, is necessarily an enemy whom she is nurturing, she would perhaps not have dared to employ them at all; or at any rate she would have made use of them in smaller numbers[254].” I hope that other individuals of the same nation will see the subject in the same light, and will give their assistance in leading their countrymen to a knowledge of the equity, humanity, and good policy of abolishing this detestable traffic.The ruin of Brazil is predicted, the decay of its agriculture and of its commerce are supposed to be inevitable from the want of labourers if the trade is prohibited. This is generally asserted wherever I have been, without the least consideration, without a thought being given to the possibility of employing the free population of the country in daily labour. It is said, that if Africans are not to be obtained, every thing must be at a stand, and the country can make no progress. This argument against the abolition, the Brazilians bring forwards even with much less plausibility than theplanters of the Columbian islands. In these the number of free persons of colour, is comparatively very small, whereas in Brazil, a great proportion of the population consists of free persons in the lower ranks of life. In some parts of the country which I have visited, the free people preponderate considerably, and in none of those districts which I saw, do I conceive that the slaves outnumber the free people in a greater proportion than three to one. It will have been seen from foregoing chapters, that the sugar plantations are not largely stocked with slaves, and that no estate is without some portion of its lands which are occupied by families who are in a state of freedom. The villages too contain free persons almost exclusively, and even in the large towns, the major part of the mechanics are free.The slave trade is impolitic with regard to Brazil on the broad principle, that a man in a state of bondage will not be so serviceable to the community as one who acts for himself, and whose whole exertions are directed to the advancement of his own fortune, the increase of which, by regular means, adds to the general prosperity of the society to which he belongs. This is an undoubted and indisputable fact, to which every person assents, owing to the self-evidence of its truth; and which must be still more strongly imprinted on the mind of every one who has been in the habit of seeing the manner in which slaves perform their daily labour. Their indifference, and the extreme slowness of every movement, plainly point out the trifling interest which they have in the advancement of the work. I have watched two parties labouring in the same field, one of free persons, and the other of slaves, which occasionally, though very seldom, occurs. The former are singing, joking, and laughing, and are always actively moving hand and foot; whilst the latter are silent, and if they are viewed from a little distance, their movements are scarcely to be perceived.Even if Brazil had only to depend upon its slaves for the increase of its agriculture and population, it would still be better for that country in the main, to put a stop to the introduction of Africans; but in that case, although its advancement would necessarily beprogressive, it would be slow. Every African who enters the country is an enemy of which the State is sanctioning the introduction. Besides Brazil is not in want of them, and even if that country made the greatest possible use of every individual whom it at present possesses, (which it does not,) and yet urgently and necessarily required an additional number of hands to continue the cultivation of the lands, the transportation of Africans is the worst manner of obtaining them, even in a political point of view. If, however, upon Africansaloneits advancement was to depend, many years must pass before any great change would be seen in its riches and power, and consequently in its progress to the rank of a great nation. Brazil is, however, in a far different situation; her free population is numerous, and the time seems to have almost arrived, when this part of the community would take its proper place in society in spite of existing regulations[255]. So much do I imagine this tobe the case, that I think the abolition of the slave trade would scarcely be felt at Pernambuco after the first moment; and even any sensation which might be caused, would rather be produced artificially than necessarily. The rich slave owners would immediately rival each other in the purchase of the Africans who might happen to be on sale, and thus an increase of price would be produced; but the number of free persons is quite adequate to fill up any vacuum which it is supposed would be caused in the country by a stop being put to the supply of the imported part of the population.Constituted as society is in civilized states, the poor must depend upon those who are sufficiently wealthy to give them employment; and again, the latter must depend upon the former for the execution of their projects. But the situation of Brazil excludes the lower ranks from the aid of those who are above them, and deprives the rich of the assistance which they might receive from the labour of the poor. The peasant is under the necessity of planting for his own subsistence, without possessing the capital which is requisite for the undertaking. If the crop fails he remains totally destitute. The exertions of a number of individuals each occupied singly in clearing and cultivating separate plots of land, cannot accomplish so easily, or with so much perfection, the work which might be done by the united efforts of the same number of persons. Even if the slave trade was to continue for a considerable length of time, the natural order of things would probably have their course, and free labourers would be employed upon every well regulated estate conjointly with the slaves. The lower ranks of people would become too numerous for each family to be able to possess a sufficient quantity of land for its own support, and this would oblige them to hire themselves to those who could afford to pay them; the planters would see the advantages of hiring their workmen, and thus, without any care or attention to this most important subject by the government of the country, would the labour of freemen be admitted. By the separation of labour into small spots of cultivated ground, (if cultivated it can be called) as is practised at present, great portions of land are wasted, and only a few families can possibly existupon the extent of surface, (each working for itself) which would give bread to a much greater number of persons, if they were employed conjointly;—if the labour was paid for by one who wished to obtain a good crop from the land, could pay for the work which was requisite, and gave the necessary attention to its culture; this would bring together and render useful to each other, the first class of people who enjoy considerable wealth, and the third class who do not possess any thing. The second class consisting of small planters, who live comfortably, have a decent house, three or four slaves, a horse or two and some other trifling property, would not be affected in the least by this change in the application of the labour of the class which is immediately below them. The secondary people, who cannot afford to increase their number of slaves, and yet are not able to accomplish their projects in planting with those which they possess, frequently hire free labourers.Under the present system, the labour of free persons is not placed to the greatest advantage; their time is misemployed in performing alone with great difficulty, what would be done easily if several persons were occupied together. This is particularly apparent in a new country, where the obstacles which are to be surmounted in preparing lands for culture are so numerous and of such magnitude. If a man is aware that the obtaining of his daily bread depends directly upon the exertions of each day, it is probable that he will be careful in making use of the present moment, and not put off until the morrow what will so materially benefit him; and as he knows that his comforts depend upon his regular exertions, he will be more inclined to go through his daily occupations with punctuality. But if his gains do not correspond with the work which he does daily, the probability is that some carelessness will be perceived; and he will, from trifling causes, delay the performance of a task until a future moment. The hire which a labourer in the service of another man receives, is only rendered to him if he has performed his allotted work, otherwise the time is lost; no good fortune, no lucky season can reclaim it; but if his profits are expected to be meted to himrather from the richness of the land which he has cultivated, from a favourable season, from the excellence of the seed, or from these causes combined, or from others which are not under his controul, he will more willingly stay idling at home, or accept an invitation to a merriment-making. Labour is not pleasant; men in general work from necessity, and therefore some stimulant is requisite to urge them to exertion; this occurs in any climate, and holds good still more frequently in one which naturally inclines to the indulgence of indolent propensities.[256]If all men were free, the capital which is required in the establishment of a plantation, or the great exertions which, under existing circumstances, must be used to answer the payments which are to be made for the property obtained on credit would not be so necessary; or at any rate the experiment of entering into schemes for planting would not be so dangerous as it is at present, if the chief expenditure was not incurred in property which is so precarious and at the same time so valuable as slaves. In the purchase of any other description of live stock (to speak in creole language), the risk lies in diseases of the body only, and in those alone to which bodies that are inured to the climate are subject; but you transplant the negro from his native soil, which to him is the best in the world; and you have his wounded and desponding mind to heal. The vexations and privations which he must undergo are to be combated; his mind as well as his body must be kept in health, or little service will his master receive from him. The loss which is occasioned by untimely deaths would not, if free men were employed, thus fall directly upon the planter. The time which is passed by the runaway-slave in the woods, or residing in temporary freedom at some distant village, would not be so much property unemployed. The expences attendant upon sickness, and the loss of time proceedingfrom the same cause, would be incurred by the patient, and the place of one individual would be occupied by another. The constant anxiety of the planter which is caused by the bad habits of his slaves, and from other reasons inseparably connected with the system by which one man rules a body of his fellow-creatures who are at the same time his property, would be removed. The owner of an estate might have some rest; his attention need not be entirely given up to the management of his affairs, which must now be the case, if he has a wish to advance his fortune, and a due regard for the preservation in an able state, of the beings through whose means this is to be accomplished. Too true it is that men become callous to the constant round of intelligence which is communicated by the manager; of slaves sick, lamed by accident, making their escape, &c. and the accounts of their recovery and return are received with the same unconcern. Punishment is ordered for crimes and misdemeanors with the same insensibility; all these are things of course, and as such are endured quietly.In a country which is afflicted with the dreadful disease of slavery cruelty is frequent, and whilst the punishment of misdemeanors which have been committed against the master are generally immediate and proportioned to their bearing upon the interests of the superior, it is difficult to compass the chastisement of great crimes against the community. It is the interest of the master to conceal from the superior authorities those actions of their slaves which might subject them to the loss of their services. Instances have occurred in which the law itself has swerved from its direct line of justice, that the owner might not be injured by the execution or transportation of the slave. It is for the benefit of the wealthy man, who ought to be the dispenser of justice, to act contrary to what it is his duty to do; to counteract the principles of rectitude, to screen from their deserts the evil deeds of a great portion of the population of the country in which he resides. He is silent concerning his neighbours’ property, that like forbearance may be practised towards himself, if he should require it. But the crimes which slaves commit without the knowledgeof their masters, or those which, although they may be afterwards known to the owners, have been committed without their concurrence, are not the only evil actions into which this class of men may be led. The owner himself who has not courage to revenge his own quarrels, may command that his purpose shall be accomplished by one of the wretched individuals over whom he rules. This has absolutely happened.The general tendency which is produced by slavery, taken in every point of view, is to rouse all the bad qualities of him who rules and of him who endures; by this system, a government permits the demoralization of its people, and that the property of its subjects be laid out in a most disadvantageous manner; a great number of individuals must be supported whose benefit to the state is much decreased by the situation in which they are placed, and another class in society is prevented from taking its due share in the general advancement of the country.CHAPTER XXI.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 whichare 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 anexample 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;herpeople 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 tothe 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 passover the primary articles as being unimportant, or from the interest of the subjects to which they relate having already subsided.Article6th. “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 havebeen 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.Article7th. “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.Article8th. “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.Article9th. “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 purposespontaneously. Be this as it may, this most horrible Court does not exercise its powerin 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 alllikelihood soon see the Inquisition abolished, and may perhaps witness the re-establishment of the Cortes.Article10th. “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.Article2d. “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 vexationssubmitted 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.Articles3d, 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 importerof 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 10per cent.upon a concern which has independently of these 10per 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 15per 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 Portuguezeconstruct 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.Article10th. “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 thePortugueze 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 loudlyfor 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.Article12th. “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.Article17th. “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.Article18th. “The privilege is granted to British subjects of beingassignantesfor the duties to be paid at the custom-houses.” The inability of beingassignanteswas of considerable inconvenience to English merchants, and obliged them to pay aper centageto a Portugueze for the use of his name in this capacity. Theassignantesare 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 asassignantes, excepting that of leaving the country without waiting to answer their bonds.Article19th. “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.”Article20th. “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.Article21st. “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.Article23d. “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.Article25th. “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.Article26th. 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 itis agreed, that the favours, privileges, and immunities, granted by either contracting party to the subjects of the other, whether by Treaty, Decree orAlvará, shall remain unaltered.[264]”Article32d. “It is agreed and stipulated by the High ContractingParties, 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 governmenthas 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 thereformationwhich is proposed is perfectly within the power of the Court, and is absolutely necessary for the security of the present dynasty. Thechange of policymust 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 theiraffairs 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.
CHAPTER XX.IMPOLICY OF THE SLAVE TRADE.FEW persons in Great Britain have now any doubts of the inhumanity of the slave trade, and none would presume to come forwards as its defenders. It is a great moral evil, perhaps the greatest in the world, from which England has at last been delivered. But her work is not yet done, other nations continue to transport the natives of Africa from their own shores to those of South America; and even when her efforts have succeeded in persuading them to forbid this trade, the plan of abolition must be followed up in her own colonies; she must atone for the crimes which she has committed, and prove to other countries her sincerity in the cause, by her zeal in rooting out a most execrable system with all prudent and possible expedition.In Brazil there are several excellent men who still entertain the idea that the Africans are saved from death by the slave-dealers, and that if they were not purchased by Europeans, their countrymen would murder them; thiswasthe opinion in England a few years ago, and therefore we cannot be surprised that the Brazilians should still consider it as being founded upon truth. It is their interest so to think, (or at any rate, they imagine that it is their interest) and they have no books or other means by which they might be undeceived. To the planters I fear that scarcely any arguments would be of any avail; they imagine that without slaves their estates mustdecay, and therefore they fortify themselves under the notion of the humanity of the trade by which they obtain their supplies. If the chief body of the priests could be convinced of its cruelty,—of the effect which this trade has to render still more prominent than they would otherwise be, the bad qualities of the natives of Africa in their own country, and to check every thing that is good;—of its direct tendency to increase the manifold evils of the state of society existing in the parts of that continent which are subject to the resort of slave-dealers;—if the clergy could be made to believe that by their voice they were sanctioning one of the most shocking systems under which the world ever laboured, I know that their aid would be given to the abolition. I am aware likewise of the weight which their opinions carry with them among all other descriptions of persons. One of the chief arguments with the priesthood is the advantages which the Africans receive from their entrance into the Catholic church;—how much better would it be to teach them the Christian religion upon their native soil, without all the miseries to which they are subjected by their transportation!Another opinion has also been adopted, which induces the Brazilians to suspect the motives of Great Britain in urging their government to abolish the trade. They say it was from policy alone that she abolished the slave trade, because her colonies were fully stocked; and that now she wishes to accomplish the abolition among all other nations who are not so well provided with labourers, that they may not rival her transatlantic possessions, and ultimately surpass them by the increased number of workmen[250]. Itis clear that those who hold out that upon such principles as these the abolition was effected in England, know nothing of its history;—for if they did, they would soon see from what pure motives the zeal for the prohibition of the slave-trade proceeded; they would read of the exertions and perseverance of Clarkson, the great apostle in this cause, and they would be convinced that the eloquence of Wilberforce could only emanate from the most disinterested sources. It would be perceived that these two individuals whose names will for ever be connected with the famous law to the passing of which they contributed so materially, were followed by a train of advocates in this glorious struggle, whose aid was afforded under circumstances which were as little liable to suspicion as the conduct of their great leaders. The proofs of the unstained principles upon which this act was carried through Parliament are so decisive, that a plain statement of facts would convince all those who were not previously determined to believe the contrary.The government of Brazil has a difficult part to act; it rules a numerous body of slave-owners, who are scattered over a very extensive country, in which the authority of the sovereign will only of necessity be loosely recognized; the possibility of resisting his commands does exist, and though his mandates are issued in the style of despotism, still he must be careful not to go too far; for he has not the means of enforcing obedience to his edicts in the chief provinces, if any one of them chose to withdraw its allegiance. The government would be, I rather think, inclined to follow the example of the chief powers of Europe; but it must not be precipitate, the people must be prepared for the change, and have time giventhem to think upon a subject, which, under their present impressions, is supposed to injure them so materially. It is at Bahia that the slave-dealers and planters have shewn themselves most violent in favour of the slave-trade; it is from that place that the most extensive traffic is carried on to the coast of Africa. In the province of Bahia there are great estates, possessing two, three, and four hundred slaves; the owners of these are consequently rich, and they possess power over the free population as well as over their own immediate dependents. It is in that quarter that the greatest inclination to resist whatever its people does not relish, has been experienced. Petitions containing forcible language have been made to the government at Rio de Janeiro, against the abolition and against the proceedings of the British cruisers stationed upon the coast of Africa, by which several slave ships have been captured[251]. The government of Brazil may, and ought to be persuaded by all peaceable and friendly means which independent States possess of urging each other, to do its utmost in accomplishing the much to be desired end; but still whatever our wishes may be, and however much the inclinations of the Portugueze ministry may coincide with them, they must consult the state of the country over which they rule.A Brazilian writer who has published several pamphlets at Rio de Janeiro with the permission of the Regent, has spoken against the trade, as far as it is possible under present circumstances. Slavery he styles “a terrible cancer in the body politic, whichtends to impede the increase of the white race,” and as he rather quaintly expresses himself “to Africanize the New World[252].” This is not the only place in which the same writer speaks of slavery, and of the trade in these terms. A Portugueze writer of much reputation among his countrymen, says, “if we have never feared the power of the government, neither ought we to hesitate in combating the erroneous opinions of the people; confident that although he who opposes himself to the prejudices of a nation, renders his name odious, still he may be quite certain that posterity will do him justice[253].” Another Journal of equal reputation states, that “it is a great evil for the chief strength of an empire to consist in the number of its slaves; and if Brazil had once reflected, that each negro which she exports from Africa, is necessarily an enemy whom she is nurturing, she would perhaps not have dared to employ them at all; or at any rate she would have made use of them in smaller numbers[254].” I hope that other individuals of the same nation will see the subject in the same light, and will give their assistance in leading their countrymen to a knowledge of the equity, humanity, and good policy of abolishing this detestable traffic.The ruin of Brazil is predicted, the decay of its agriculture and of its commerce are supposed to be inevitable from the want of labourers if the trade is prohibited. This is generally asserted wherever I have been, without the least consideration, without a thought being given to the possibility of employing the free population of the country in daily labour. It is said, that if Africans are not to be obtained, every thing must be at a stand, and the country can make no progress. This argument against the abolition, the Brazilians bring forwards even with much less plausibility than theplanters of the Columbian islands. In these the number of free persons of colour, is comparatively very small, whereas in Brazil, a great proportion of the population consists of free persons in the lower ranks of life. In some parts of the country which I have visited, the free people preponderate considerably, and in none of those districts which I saw, do I conceive that the slaves outnumber the free people in a greater proportion than three to one. It will have been seen from foregoing chapters, that the sugar plantations are not largely stocked with slaves, and that no estate is without some portion of its lands which are occupied by families who are in a state of freedom. The villages too contain free persons almost exclusively, and even in the large towns, the major part of the mechanics are free.The slave trade is impolitic with regard to Brazil on the broad principle, that a man in a state of bondage will not be so serviceable to the community as one who acts for himself, and whose whole exertions are directed to the advancement of his own fortune, the increase of which, by regular means, adds to the general prosperity of the society to which he belongs. This is an undoubted and indisputable fact, to which every person assents, owing to the self-evidence of its truth; and which must be still more strongly imprinted on the mind of every one who has been in the habit of seeing the manner in which slaves perform their daily labour. Their indifference, and the extreme slowness of every movement, plainly point out the trifling interest which they have in the advancement of the work. I have watched two parties labouring in the same field, one of free persons, and the other of slaves, which occasionally, though very seldom, occurs. The former are singing, joking, and laughing, and are always actively moving hand and foot; whilst the latter are silent, and if they are viewed from a little distance, their movements are scarcely to be perceived.Even if Brazil had only to depend upon its slaves for the increase of its agriculture and population, it would still be better for that country in the main, to put a stop to the introduction of Africans; but in that case, although its advancement would necessarily beprogressive, it would be slow. Every African who enters the country is an enemy of which the State is sanctioning the introduction. Besides Brazil is not in want of them, and even if that country made the greatest possible use of every individual whom it at present possesses, (which it does not,) and yet urgently and necessarily required an additional number of hands to continue the cultivation of the lands, the transportation of Africans is the worst manner of obtaining them, even in a political point of view. If, however, upon Africansaloneits advancement was to depend, many years must pass before any great change would be seen in its riches and power, and consequently in its progress to the rank of a great nation. Brazil is, however, in a far different situation; her free population is numerous, and the time seems to have almost arrived, when this part of the community would take its proper place in society in spite of existing regulations[255]. So much do I imagine this tobe the case, that I think the abolition of the slave trade would scarcely be felt at Pernambuco after the first moment; and even any sensation which might be caused, would rather be produced artificially than necessarily. The rich slave owners would immediately rival each other in the purchase of the Africans who might happen to be on sale, and thus an increase of price would be produced; but the number of free persons is quite adequate to fill up any vacuum which it is supposed would be caused in the country by a stop being put to the supply of the imported part of the population.Constituted as society is in civilized states, the poor must depend upon those who are sufficiently wealthy to give them employment; and again, the latter must depend upon the former for the execution of their projects. But the situation of Brazil excludes the lower ranks from the aid of those who are above them, and deprives the rich of the assistance which they might receive from the labour of the poor. The peasant is under the necessity of planting for his own subsistence, without possessing the capital which is requisite for the undertaking. If the crop fails he remains totally destitute. The exertions of a number of individuals each occupied singly in clearing and cultivating separate plots of land, cannot accomplish so easily, or with so much perfection, the work which might be done by the united efforts of the same number of persons. Even if the slave trade was to continue for a considerable length of time, the natural order of things would probably have their course, and free labourers would be employed upon every well regulated estate conjointly with the slaves. The lower ranks of people would become too numerous for each family to be able to possess a sufficient quantity of land for its own support, and this would oblige them to hire themselves to those who could afford to pay them; the planters would see the advantages of hiring their workmen, and thus, without any care or attention to this most important subject by the government of the country, would the labour of freemen be admitted. By the separation of labour into small spots of cultivated ground, (if cultivated it can be called) as is practised at present, great portions of land are wasted, and only a few families can possibly existupon the extent of surface, (each working for itself) which would give bread to a much greater number of persons, if they were employed conjointly;—if the labour was paid for by one who wished to obtain a good crop from the land, could pay for the work which was requisite, and gave the necessary attention to its culture; this would bring together and render useful to each other, the first class of people who enjoy considerable wealth, and the third class who do not possess any thing. The second class consisting of small planters, who live comfortably, have a decent house, three or four slaves, a horse or two and some other trifling property, would not be affected in the least by this change in the application of the labour of the class which is immediately below them. The secondary people, who cannot afford to increase their number of slaves, and yet are not able to accomplish their projects in planting with those which they possess, frequently hire free labourers.Under the present system, the labour of free persons is not placed to the greatest advantage; their time is misemployed in performing alone with great difficulty, what would be done easily if several persons were occupied together. This is particularly apparent in a new country, where the obstacles which are to be surmounted in preparing lands for culture are so numerous and of such magnitude. If a man is aware that the obtaining of his daily bread depends directly upon the exertions of each day, it is probable that he will be careful in making use of the present moment, and not put off until the morrow what will so materially benefit him; and as he knows that his comforts depend upon his regular exertions, he will be more inclined to go through his daily occupations with punctuality. But if his gains do not correspond with the work which he does daily, the probability is that some carelessness will be perceived; and he will, from trifling causes, delay the performance of a task until a future moment. The hire which a labourer in the service of another man receives, is only rendered to him if he has performed his allotted work, otherwise the time is lost; no good fortune, no lucky season can reclaim it; but if his profits are expected to be meted to himrather from the richness of the land which he has cultivated, from a favourable season, from the excellence of the seed, or from these causes combined, or from others which are not under his controul, he will more willingly stay idling at home, or accept an invitation to a merriment-making. Labour is not pleasant; men in general work from necessity, and therefore some stimulant is requisite to urge them to exertion; this occurs in any climate, and holds good still more frequently in one which naturally inclines to the indulgence of indolent propensities.[256]If all men were free, the capital which is required in the establishment of a plantation, or the great exertions which, under existing circumstances, must be used to answer the payments which are to be made for the property obtained on credit would not be so necessary; or at any rate the experiment of entering into schemes for planting would not be so dangerous as it is at present, if the chief expenditure was not incurred in property which is so precarious and at the same time so valuable as slaves. In the purchase of any other description of live stock (to speak in creole language), the risk lies in diseases of the body only, and in those alone to which bodies that are inured to the climate are subject; but you transplant the negro from his native soil, which to him is the best in the world; and you have his wounded and desponding mind to heal. The vexations and privations which he must undergo are to be combated; his mind as well as his body must be kept in health, or little service will his master receive from him. The loss which is occasioned by untimely deaths would not, if free men were employed, thus fall directly upon the planter. The time which is passed by the runaway-slave in the woods, or residing in temporary freedom at some distant village, would not be so much property unemployed. The expences attendant upon sickness, and the loss of time proceedingfrom the same cause, would be incurred by the patient, and the place of one individual would be occupied by another. The constant anxiety of the planter which is caused by the bad habits of his slaves, and from other reasons inseparably connected with the system by which one man rules a body of his fellow-creatures who are at the same time his property, would be removed. The owner of an estate might have some rest; his attention need not be entirely given up to the management of his affairs, which must now be the case, if he has a wish to advance his fortune, and a due regard for the preservation in an able state, of the beings through whose means this is to be accomplished. Too true it is that men become callous to the constant round of intelligence which is communicated by the manager; of slaves sick, lamed by accident, making their escape, &c. and the accounts of their recovery and return are received with the same unconcern. Punishment is ordered for crimes and misdemeanors with the same insensibility; all these are things of course, and as such are endured quietly.In a country which is afflicted with the dreadful disease of slavery cruelty is frequent, and whilst the punishment of misdemeanors which have been committed against the master are generally immediate and proportioned to their bearing upon the interests of the superior, it is difficult to compass the chastisement of great crimes against the community. It is the interest of the master to conceal from the superior authorities those actions of their slaves which might subject them to the loss of their services. Instances have occurred in which the law itself has swerved from its direct line of justice, that the owner might not be injured by the execution or transportation of the slave. It is for the benefit of the wealthy man, who ought to be the dispenser of justice, to act contrary to what it is his duty to do; to counteract the principles of rectitude, to screen from their deserts the evil deeds of a great portion of the population of the country in which he resides. He is silent concerning his neighbours’ property, that like forbearance may be practised towards himself, if he should require it. But the crimes which slaves commit without the knowledgeof their masters, or those which, although they may be afterwards known to the owners, have been committed without their concurrence, are not the only evil actions into which this class of men may be led. The owner himself who has not courage to revenge his own quarrels, may command that his purpose shall be accomplished by one of the wretched individuals over whom he rules. This has absolutely happened.The general tendency which is produced by slavery, taken in every point of view, is to rouse all the bad qualities of him who rules and of him who endures; by this system, a government permits the demoralization of its people, and that the property of its subjects be laid out in a most disadvantageous manner; a great number of individuals must be supported whose benefit to the state is much decreased by the situation in which they are placed, and another class in society is prevented from taking its due share in the general advancement of the country.
IMPOLICY OF THE SLAVE TRADE.
FEW persons in Great Britain have now any doubts of the inhumanity of the slave trade, and none would presume to come forwards as its defenders. It is a great moral evil, perhaps the greatest in the world, from which England has at last been delivered. But her work is not yet done, other nations continue to transport the natives of Africa from their own shores to those of South America; and even when her efforts have succeeded in persuading them to forbid this trade, the plan of abolition must be followed up in her own colonies; she must atone for the crimes which she has committed, and prove to other countries her sincerity in the cause, by her zeal in rooting out a most execrable system with all prudent and possible expedition.
In Brazil there are several excellent men who still entertain the idea that the Africans are saved from death by the slave-dealers, and that if they were not purchased by Europeans, their countrymen would murder them; thiswasthe opinion in England a few years ago, and therefore we cannot be surprised that the Brazilians should still consider it as being founded upon truth. It is their interest so to think, (or at any rate, they imagine that it is their interest) and they have no books or other means by which they might be undeceived. To the planters I fear that scarcely any arguments would be of any avail; they imagine that without slaves their estates mustdecay, and therefore they fortify themselves under the notion of the humanity of the trade by which they obtain their supplies. If the chief body of the priests could be convinced of its cruelty,—of the effect which this trade has to render still more prominent than they would otherwise be, the bad qualities of the natives of Africa in their own country, and to check every thing that is good;—of its direct tendency to increase the manifold evils of the state of society existing in the parts of that continent which are subject to the resort of slave-dealers;—if the clergy could be made to believe that by their voice they were sanctioning one of the most shocking systems under which the world ever laboured, I know that their aid would be given to the abolition. I am aware likewise of the weight which their opinions carry with them among all other descriptions of persons. One of the chief arguments with the priesthood is the advantages which the Africans receive from their entrance into the Catholic church;—how much better would it be to teach them the Christian religion upon their native soil, without all the miseries to which they are subjected by their transportation!
Another opinion has also been adopted, which induces the Brazilians to suspect the motives of Great Britain in urging their government to abolish the trade. They say it was from policy alone that she abolished the slave trade, because her colonies were fully stocked; and that now she wishes to accomplish the abolition among all other nations who are not so well provided with labourers, that they may not rival her transatlantic possessions, and ultimately surpass them by the increased number of workmen[250]. Itis clear that those who hold out that upon such principles as these the abolition was effected in England, know nothing of its history;—for if they did, they would soon see from what pure motives the zeal for the prohibition of the slave-trade proceeded; they would read of the exertions and perseverance of Clarkson, the great apostle in this cause, and they would be convinced that the eloquence of Wilberforce could only emanate from the most disinterested sources. It would be perceived that these two individuals whose names will for ever be connected with the famous law to the passing of which they contributed so materially, were followed by a train of advocates in this glorious struggle, whose aid was afforded under circumstances which were as little liable to suspicion as the conduct of their great leaders. The proofs of the unstained principles upon which this act was carried through Parliament are so decisive, that a plain statement of facts would convince all those who were not previously determined to believe the contrary.
The government of Brazil has a difficult part to act; it rules a numerous body of slave-owners, who are scattered over a very extensive country, in which the authority of the sovereign will only of necessity be loosely recognized; the possibility of resisting his commands does exist, and though his mandates are issued in the style of despotism, still he must be careful not to go too far; for he has not the means of enforcing obedience to his edicts in the chief provinces, if any one of them chose to withdraw its allegiance. The government would be, I rather think, inclined to follow the example of the chief powers of Europe; but it must not be precipitate, the people must be prepared for the change, and have time giventhem to think upon a subject, which, under their present impressions, is supposed to injure them so materially. It is at Bahia that the slave-dealers and planters have shewn themselves most violent in favour of the slave-trade; it is from that place that the most extensive traffic is carried on to the coast of Africa. In the province of Bahia there are great estates, possessing two, three, and four hundred slaves; the owners of these are consequently rich, and they possess power over the free population as well as over their own immediate dependents. It is in that quarter that the greatest inclination to resist whatever its people does not relish, has been experienced. Petitions containing forcible language have been made to the government at Rio de Janeiro, against the abolition and against the proceedings of the British cruisers stationed upon the coast of Africa, by which several slave ships have been captured[251]. The government of Brazil may, and ought to be persuaded by all peaceable and friendly means which independent States possess of urging each other, to do its utmost in accomplishing the much to be desired end; but still whatever our wishes may be, and however much the inclinations of the Portugueze ministry may coincide with them, they must consult the state of the country over which they rule.
A Brazilian writer who has published several pamphlets at Rio de Janeiro with the permission of the Regent, has spoken against the trade, as far as it is possible under present circumstances. Slavery he styles “a terrible cancer in the body politic, whichtends to impede the increase of the white race,” and as he rather quaintly expresses himself “to Africanize the New World[252].” This is not the only place in which the same writer speaks of slavery, and of the trade in these terms. A Portugueze writer of much reputation among his countrymen, says, “if we have never feared the power of the government, neither ought we to hesitate in combating the erroneous opinions of the people; confident that although he who opposes himself to the prejudices of a nation, renders his name odious, still he may be quite certain that posterity will do him justice[253].” Another Journal of equal reputation states, that “it is a great evil for the chief strength of an empire to consist in the number of its slaves; and if Brazil had once reflected, that each negro which she exports from Africa, is necessarily an enemy whom she is nurturing, she would perhaps not have dared to employ them at all; or at any rate she would have made use of them in smaller numbers[254].” I hope that other individuals of the same nation will see the subject in the same light, and will give their assistance in leading their countrymen to a knowledge of the equity, humanity, and good policy of abolishing this detestable traffic.
The ruin of Brazil is predicted, the decay of its agriculture and of its commerce are supposed to be inevitable from the want of labourers if the trade is prohibited. This is generally asserted wherever I have been, without the least consideration, without a thought being given to the possibility of employing the free population of the country in daily labour. It is said, that if Africans are not to be obtained, every thing must be at a stand, and the country can make no progress. This argument against the abolition, the Brazilians bring forwards even with much less plausibility than theplanters of the Columbian islands. In these the number of free persons of colour, is comparatively very small, whereas in Brazil, a great proportion of the population consists of free persons in the lower ranks of life. In some parts of the country which I have visited, the free people preponderate considerably, and in none of those districts which I saw, do I conceive that the slaves outnumber the free people in a greater proportion than three to one. It will have been seen from foregoing chapters, that the sugar plantations are not largely stocked with slaves, and that no estate is without some portion of its lands which are occupied by families who are in a state of freedom. The villages too contain free persons almost exclusively, and even in the large towns, the major part of the mechanics are free.
The slave trade is impolitic with regard to Brazil on the broad principle, that a man in a state of bondage will not be so serviceable to the community as one who acts for himself, and whose whole exertions are directed to the advancement of his own fortune, the increase of which, by regular means, adds to the general prosperity of the society to which he belongs. This is an undoubted and indisputable fact, to which every person assents, owing to the self-evidence of its truth; and which must be still more strongly imprinted on the mind of every one who has been in the habit of seeing the manner in which slaves perform their daily labour. Their indifference, and the extreme slowness of every movement, plainly point out the trifling interest which they have in the advancement of the work. I have watched two parties labouring in the same field, one of free persons, and the other of slaves, which occasionally, though very seldom, occurs. The former are singing, joking, and laughing, and are always actively moving hand and foot; whilst the latter are silent, and if they are viewed from a little distance, their movements are scarcely to be perceived.
Even if Brazil had only to depend upon its slaves for the increase of its agriculture and population, it would still be better for that country in the main, to put a stop to the introduction of Africans; but in that case, although its advancement would necessarily beprogressive, it would be slow. Every African who enters the country is an enemy of which the State is sanctioning the introduction. Besides Brazil is not in want of them, and even if that country made the greatest possible use of every individual whom it at present possesses, (which it does not,) and yet urgently and necessarily required an additional number of hands to continue the cultivation of the lands, the transportation of Africans is the worst manner of obtaining them, even in a political point of view. If, however, upon Africansaloneits advancement was to depend, many years must pass before any great change would be seen in its riches and power, and consequently in its progress to the rank of a great nation. Brazil is, however, in a far different situation; her free population is numerous, and the time seems to have almost arrived, when this part of the community would take its proper place in society in spite of existing regulations[255]. So much do I imagine this tobe the case, that I think the abolition of the slave trade would scarcely be felt at Pernambuco after the first moment; and even any sensation which might be caused, would rather be produced artificially than necessarily. The rich slave owners would immediately rival each other in the purchase of the Africans who might happen to be on sale, and thus an increase of price would be produced; but the number of free persons is quite adequate to fill up any vacuum which it is supposed would be caused in the country by a stop being put to the supply of the imported part of the population.
Constituted as society is in civilized states, the poor must depend upon those who are sufficiently wealthy to give them employment; and again, the latter must depend upon the former for the execution of their projects. But the situation of Brazil excludes the lower ranks from the aid of those who are above them, and deprives the rich of the assistance which they might receive from the labour of the poor. The peasant is under the necessity of planting for his own subsistence, without possessing the capital which is requisite for the undertaking. If the crop fails he remains totally destitute. The exertions of a number of individuals each occupied singly in clearing and cultivating separate plots of land, cannot accomplish so easily, or with so much perfection, the work which might be done by the united efforts of the same number of persons. Even if the slave trade was to continue for a considerable length of time, the natural order of things would probably have their course, and free labourers would be employed upon every well regulated estate conjointly with the slaves. The lower ranks of people would become too numerous for each family to be able to possess a sufficient quantity of land for its own support, and this would oblige them to hire themselves to those who could afford to pay them; the planters would see the advantages of hiring their workmen, and thus, without any care or attention to this most important subject by the government of the country, would the labour of freemen be admitted. By the separation of labour into small spots of cultivated ground, (if cultivated it can be called) as is practised at present, great portions of land are wasted, and only a few families can possibly existupon the extent of surface, (each working for itself) which would give bread to a much greater number of persons, if they were employed conjointly;—if the labour was paid for by one who wished to obtain a good crop from the land, could pay for the work which was requisite, and gave the necessary attention to its culture; this would bring together and render useful to each other, the first class of people who enjoy considerable wealth, and the third class who do not possess any thing. The second class consisting of small planters, who live comfortably, have a decent house, three or four slaves, a horse or two and some other trifling property, would not be affected in the least by this change in the application of the labour of the class which is immediately below them. The secondary people, who cannot afford to increase their number of slaves, and yet are not able to accomplish their projects in planting with those which they possess, frequently hire free labourers.
Under the present system, the labour of free persons is not placed to the greatest advantage; their time is misemployed in performing alone with great difficulty, what would be done easily if several persons were occupied together. This is particularly apparent in a new country, where the obstacles which are to be surmounted in preparing lands for culture are so numerous and of such magnitude. If a man is aware that the obtaining of his daily bread depends directly upon the exertions of each day, it is probable that he will be careful in making use of the present moment, and not put off until the morrow what will so materially benefit him; and as he knows that his comforts depend upon his regular exertions, he will be more inclined to go through his daily occupations with punctuality. But if his gains do not correspond with the work which he does daily, the probability is that some carelessness will be perceived; and he will, from trifling causes, delay the performance of a task until a future moment. The hire which a labourer in the service of another man receives, is only rendered to him if he has performed his allotted work, otherwise the time is lost; no good fortune, no lucky season can reclaim it; but if his profits are expected to be meted to himrather from the richness of the land which he has cultivated, from a favourable season, from the excellence of the seed, or from these causes combined, or from others which are not under his controul, he will more willingly stay idling at home, or accept an invitation to a merriment-making. Labour is not pleasant; men in general work from necessity, and therefore some stimulant is requisite to urge them to exertion; this occurs in any climate, and holds good still more frequently in one which naturally inclines to the indulgence of indolent propensities.[256]
If all men were free, the capital which is required in the establishment of a plantation, or the great exertions which, under existing circumstances, must be used to answer the payments which are to be made for the property obtained on credit would not be so necessary; or at any rate the experiment of entering into schemes for planting would not be so dangerous as it is at present, if the chief expenditure was not incurred in property which is so precarious and at the same time so valuable as slaves. In the purchase of any other description of live stock (to speak in creole language), the risk lies in diseases of the body only, and in those alone to which bodies that are inured to the climate are subject; but you transplant the negro from his native soil, which to him is the best in the world; and you have his wounded and desponding mind to heal. The vexations and privations which he must undergo are to be combated; his mind as well as his body must be kept in health, or little service will his master receive from him. The loss which is occasioned by untimely deaths would not, if free men were employed, thus fall directly upon the planter. The time which is passed by the runaway-slave in the woods, or residing in temporary freedom at some distant village, would not be so much property unemployed. The expences attendant upon sickness, and the loss of time proceedingfrom the same cause, would be incurred by the patient, and the place of one individual would be occupied by another. The constant anxiety of the planter which is caused by the bad habits of his slaves, and from other reasons inseparably connected with the system by which one man rules a body of his fellow-creatures who are at the same time his property, would be removed. The owner of an estate might have some rest; his attention need not be entirely given up to the management of his affairs, which must now be the case, if he has a wish to advance his fortune, and a due regard for the preservation in an able state, of the beings through whose means this is to be accomplished. Too true it is that men become callous to the constant round of intelligence which is communicated by the manager; of slaves sick, lamed by accident, making their escape, &c. and the accounts of their recovery and return are received with the same unconcern. Punishment is ordered for crimes and misdemeanors with the same insensibility; all these are things of course, and as such are endured quietly.
In a country which is afflicted with the dreadful disease of slavery cruelty is frequent, and whilst the punishment of misdemeanors which have been committed against the master are generally immediate and proportioned to their bearing upon the interests of the superior, it is difficult to compass the chastisement of great crimes against the community. It is the interest of the master to conceal from the superior authorities those actions of their slaves which might subject them to the loss of their services. Instances have occurred in which the law itself has swerved from its direct line of justice, that the owner might not be injured by the execution or transportation of the slave. It is for the benefit of the wealthy man, who ought to be the dispenser of justice, to act contrary to what it is his duty to do; to counteract the principles of rectitude, to screen from their deserts the evil deeds of a great portion of the population of the country in which he resides. He is silent concerning his neighbours’ property, that like forbearance may be practised towards himself, if he should require it. But the crimes which slaves commit without the knowledgeof their masters, or those which, although they may be afterwards known to the owners, have been committed without their concurrence, are not the only evil actions into which this class of men may be led. The owner himself who has not courage to revenge his own quarrels, may command that his purpose shall be accomplished by one of the wretched individuals over whom he rules. This has absolutely happened.
The general tendency which is produced by slavery, taken in every point of view, is to rouse all the bad qualities of him who rules and of him who endures; by this system, a government permits the demoralization of its people, and that the property of its subjects be laid out in a most disadvantageous manner; a great number of individuals must be supported whose benefit to the state is much decreased by the situation in which they are placed, and another class in society is prevented from taking its due share in the general advancement of the country.
CHAPTER XXI.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 whichare 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 anexample 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;herpeople 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 tothe 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 passover the primary articles as being unimportant, or from the interest of the subjects to which they relate having already subsided.Article6th. “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 havebeen 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.Article7th. “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.Article8th. “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.Article9th. “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 purposespontaneously. Be this as it may, this most horrible Court does not exercise its powerin 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 alllikelihood soon see the Inquisition abolished, and may perhaps witness the re-establishment of the Cortes.Article10th. “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.Article2d. “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 vexationssubmitted 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.Articles3d, 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 importerof 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 10per cent.upon a concern which has independently of these 10per 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 15per 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 Portuguezeconstruct 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.Article10th. “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 thePortugueze 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 loudlyfor 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.Article12th. “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.Article17th. “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.Article18th. “The privilege is granted to British subjects of beingassignantesfor the duties to be paid at the custom-houses.” The inability of beingassignanteswas of considerable inconvenience to English merchants, and obliged them to pay aper centageto a Portugueze for the use of his name in this capacity. Theassignantesare 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 asassignantes, excepting that of leaving the country without waiting to answer their bonds.Article19th. “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.”Article20th. “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.Article21st. “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.Article23d. “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.Article25th. “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.Article26th. 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 itis agreed, that the favours, privileges, and immunities, granted by either contracting party to the subjects of the other, whether by Treaty, Decree orAlvará, shall remain unaltered.[264]”Article32d. “It is agreed and stipulated by the High ContractingParties, 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 governmenthas 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 thereformationwhich is proposed is perfectly within the power of the Court, and is absolutely necessary for the security of the present dynasty. Thechange of policymust 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 theiraffairs 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.
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 whichare 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 anexample 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;herpeople 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 tothe 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.
I passover the primary articles as being unimportant, or from the interest of the subjects to which they relate having already subsided.
Article6th. “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 havebeen 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.
Article7th. “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.
Article8th. “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.
Article9th. “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 purposespontaneously. Be this as it may, this most horrible Court does not exercise its powerin 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 alllikelihood soon see the Inquisition abolished, and may perhaps witness the re-establishment of the Cortes.
Article10th. “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.
Article2d. “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 vexationssubmitted 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.
Articles3d, 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 importerof 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 10per cent.upon a concern which has independently of these 10per 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 15per 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 Portuguezeconstruct 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.
Article10th. “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 thePortugueze 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 loudlyfor 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.
Article12th. “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.
Article17th. “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.
Article18th. “The privilege is granted to British subjects of beingassignantesfor the duties to be paid at the custom-houses.” The inability of beingassignanteswas of considerable inconvenience to English merchants, and obliged them to pay aper centageto a Portugueze for the use of his name in this capacity. Theassignantesare 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 asassignantes, excepting that of leaving the country without waiting to answer their bonds.
Article19th. “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.”
Article20th. “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.
Article21st. “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.
Article23d. “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.
Article25th. “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.
Article26th. 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 itis agreed, that the favours, privileges, and immunities, granted by either contracting party to the subjects of the other, whether by Treaty, Decree orAlvará, shall remain unaltered.[264]”
Article32d. “It is agreed and stipulated by the High ContractingParties, 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 governmenthas 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 thereformationwhich is proposed is perfectly within the power of the Court, and is absolutely necessary for the security of the present dynasty. Thechange of policymust 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 theiraffairs 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.