All this is amply proved by different official documents, some of which documents are from the claimant himself, this justifying the suspension of the payment of his claims, no less than the crime of his obstinate disobedience; and, indeed more by the indispensable obligation by which he was bound to give accounts of the sums which he received on account of prizes to distribute to the squadron under his command, which distribution he himself acknowledged in his letter of the 5th of November, 1825, wherein he says, “I shall forward to the Imperial Government an account of the money received from His Imperial Majesty for distribution to the seamen, as well as other sums to the account of the captors.”

   Having traced this outline relative to the services and excesses of
   Lord Cochrane, the Commission now proceeds to discuss his claims.

First,—­His annual pay is 11.520 milreis, which was owing to him from the 1st of August to the 10th of November 1825, when he left the service of the Empire.  The claimant founds his demand on the decree of the 21st of March 1823, added to and confirmed on the 27th of July, 1824.

The second decree says,—­“I deem fit, by the advice of my Council of State, to determine that the said Marquis of Maranhao shall receive, so long as he is in the service of the Empire, the pay of his patent (11.520 milreis), and in case of his not choosing to continue therein after the termination of the present war, the half of the said pay, as a pension, the same being extended, in case of his death, to Lady Cochrane.”  The said enactment being so positive that at the sight thereof, the Commission declares, that it cannot do otherwise than confirm the right of the claimant to the prompt payment of the pension due to him.

In this report there are many inaccuracies.  It is stated that when in Chili I accepted “the Brazilian command during the war of Independence” only.—­“Viesse occupar igual commando no Brazil emquanto durasse Guerra da Independencia.” This is contrary to fact, as will be seen in the first chapter of this volume, where both the invitation to accept the command, and my conditional acceptance thereof are given.  To repeat the actual words of the invitation, "Abandonnez-nous, Milord, a la reconnaissance Bresilienne—­a la munificence du Prince—­a la probite sans tache de l’actuel Gouvernement—­on vous fera justice" &c. &c.  It was neither “princely munificence”—­“ministerial probity”—­nor “common justice,” to dismiss me from the service without my professional and stipulated emoluments, or even the arrears of my pay, the very moment tranquillity had been established as a consequence of my exertions, and so far the Commission decided; though they ought to have added, as was well known, that my command in Chili had been without limitation of time, and therefore my Brazilian command, as expressed