A number of additional prizes had been sent in by Captain Taylor, of the Nitherohy, who had pursued the scattered ships of the enemy to the Tagus, and there burned four vessels under the guns of the line-of-battle ship Don John VI.  For this he was sentenced by the prize council to six months imprisonment, and to forfeit double the amount of his prize money, on behalf of the owners of the property destroyed; it being thus decided by the quasi Portuguese prize tribunal that, to destroy enemy’s property, in pursuance of His Majesty’s orders, was a crime!

Captain Grenfell having arrived in the frigate Imperatrice—­captured at Para—­bringing with him some forty thousand dollars—­the ransom for prizes there taken, as had been done at Maranham—­the Imperatrice was boarded in his absence, and the money carried to the treasury, though by His Majesty guaranteed to the captors.  Captain Grenfell was afterwards charged with acting in opposition to the Junta at Para, though only carrying out my instructions.  Upon this charge he was tried and acquitted.

In consequence of these and other arbitrary acts, I represented to His Majesty the necessity of forming some definite maritime code, which should put an end to proceedings so arbitrary, and proposed the adoption of the naval laws of England as the most experienced and complete.  His Majesty approving the suggestion, directed me to transmit a memorial on the subject to the Privy Council, which was accordingly done.

By this, and similar suggestions to His Majesty, with view to render the navy more efficient, I was widening the breach between myself and the Portuguese party in the administration, whose object it was to frustrate any attempt of the kind.  It was not long before an overt blow was struck at my authority as Commander-in-Chief by the preparation of the Atalanta for sea without my intervention.  Imagining that she might be on some secret service, I disregarded the circumstance, till, on the 27th of December, a notice appeared in the Gazette announcing her destination to be for the blockade of Monte Video, whilst I was mentioned in the Gazette, under the limited title of “Commander of the naval forces in the port of Rio de Janeiro.”  Thus, by a stroke of the Minister’s pen, was I, despite the patents of His Imperial Majesty, reduced to the rank of Port Admiral.

Convinced that this had been done without the sanction or even knowledge of the Emperor, I protested against the despatch of the Atalanta, except through my orders, as well as against the limitation indicated by my new title—­contrary to the agreement under which I entered the service, as twice confirmed by Imperial commissions—­further informing the Minister of Marine that, although no one could be less ambitious of power than myself, I could not allow an agreement solemnly entered into to be thus violated.

The remonstrance as regarded the Atalanta was effectual, and she was not despatched; but—­as regarded the limitation of my rank—­no notice was taken.