It was further pretended by the tribunal that Bahia and Maranham were not foreign ports, but parts of the Brazilian empire, though, at the time of my appearance before them, both provinces were then, and ever had been, in possession of Portugal; the tribunal, nevertheless, deciding with equal absurdity and injustice, that captures made in those ports, or within three miles of the shore, were unlawful—­this decision including, of necessity, the unaccountable declaration, that His Majesty’s orders to me to blockade the enemy’s port of Bahia, and to take, burn or destroy all Portuguese vessels and property—­were also unjust and unlawful! although this was the very purpose for which I had been invited to quit the Chilian service.  Yet, notwithstanding this Imperial decision, the tribunal also most inconsistently condemned all ships of war taken (as droits) to the crown, without the slightest compensation to the captors.

But there was still a more flagrant injustice committed, viz. that whilst the officers and seamen were thus deprived of the fruits of their exertions, they became liable to about twenty thousand milreas in the prosecution of their claims; for no other reason than the unwillingness of the prize tribunal to order condemnations injurious to their friends and native country; for as has been said nine out of the thirteen members of the tribunal were Portuguese!

It had, therefore, been long apparent that no adjudication in favour of the squadron was intended, and that its services in having united the empire and saved it from dismemberment, would only be met by continued injustice.

As the property left with the Provisional Government of Maranham had been used for the benefit of that province, and as no part of it had ever been repaid, I determined that those to whom it was due should not, at least, be defrauded of that portion of their claims, or of a reasonable compromise thereof; and therefore I addressed to the interim-president the following letter:—­

   TO HIS EXCELLENCY MANOEL TELLES DA SILVA LOBO,
   PRESIDENT INTERINO.

   SIR,

The public duties which I had to perform for the service of His Imperial Majesty, and the pacification of this province, being now happily brought to a termination, it becomes my duty, as Commander-in-chief, to call your Excellency’s attention to some facts concerning the interests of the officers and seamen under my command.

On the occasion of my former visit, in 1823, which was so happily instrumental in rescuing this province from the yoke of Portugal and annexing it to the Empire, I was desirous of rendering the service performed still more grateful to the people by voluntarily granting, in the conditions of capitulation, not only my guarantee for the inviolability of all Brazilian property then under the Portuguese flag, but also of all the property belonging to resident Portuguese who should subscribe to the independence